Abandoned and Alone
by CALLEN37
Summary: Tony is adopted by Fornell, He grows up and joins NCIS. Then a face from his past threatens to undo all he's worked for and some secrets shock his teammates. Starts off Kid fic but progresses and there are some time jumps. Fornell/DiNozzo Father/Son fic.
1. Chapter 1

A/N Never fear I have not Abandoned Flipside. Just in desperate need of a break from crazy Tim. but will be posting another chapter soon. In the meantime, my flu addled brain came up with this.

I hope you like it, there will be a few time jumps and it does start out as a kid fic, but like all kids Tony grows.

Disclaimer, I do not, nor have i ever owned the rights to NCIS...However I am hatching a cunning plan...

* * *

**Chapter 1**

Sam Johnson and his new Probie Tobias Fornell pulled up outside a fancy home on long island.

"You ready for this Probie?" Johnson grinned.

"Sure," Fornell replied, it was his first bust as an FBI agent and he was nervous, but the 30 year old agent was not about to admit it.

"Ok, let run through this again, Anthony DiNozzo has been reported as staying here, we have enough evidence that he is a hit man for the Mafia. His wife had the money hence all this," Johnson said with a wave of his hand to indicate the large house they stood in front of.

"Do we have to worry about collateral damage?" Fornell asked

"Nope the wife died four years ago, he's been out of the country for two weeks and the staff has been told not to come back. Back up teams will be here soon, surveillance teams say DiNozzo is drunk and has been for hours so should be an easy bust."

Fornell nodded, checking his weapon anyway.

The back up teams arrived and they knocked on the door.

"FBI OPEN UP!" Johnson yelled.

There was a crash from inside and Johnson nodded to Fornell as he kicked the door down.

* * *

The inside of the house had the stale air of neglect. They swept the rooms along the corridor in tandem. Both pulling up as they reached one room with suitcases in it a large one open on the table.

"Wow!" Fornell exclaimed looking at the array of guns and knives inside the case.

"Ok Probie, let's keep it moving." Johnson said, assigning another agent to catalogue all the items in the room.

It took about five minutes to clear the house….DiNozzo was nowhere in site.

"I don't get it Sam; Surveillance assured us he was here." Fornell said.

They walked into the kitchen and Sam spotted a door under a stairwell, "Anyone clear down here?" He asked.

Fornell shook his head they opened the door, which led to a set of darkened rooms. DiNozzo was passed out in the room at the end, his hands had dried blood on them and Sam just cuffed him and then woke him.

"Get off me!" DiNozzo snapped coming too in a haze. "What the hell!"

"FBI DiNozzo, you're under arrest."

Sam started to lead him out into the kitchen, as they passed a small room and their bodies blocked the light from a small window Fornell heard a small whimper.

He and Sam looked at each other, "Puppy?" Sam asked, "Go check Probie."

Fornell walked in the room where a small dog bed took up the back corner with a blanket in it.

Fornell stopped in his tracks as a pair of bright green eyes stared in terror back at him.

"Jesus Sam….It's a kid!" Fornell exclaimed.

"So we adding kidnapping to your list of charges are we?" Sam snapped at DiNozzo

"No one would wanna kidnap that." DiNozzo spat.

At the sound of his voice, the child shrank back trying to get as far into the corner as he could.

Fornell crouched down to his level, he could see dried blood on the boy and he was covered in bruises and had an obviously broken wrist.

"Hey its ok kid, we're cops your safe now." He said, "What's your name?"

"T…Tony…"The boy whispered.

* * *

Fornell nodded to Sam who walked DiNozzo out of there and called for the paramedics.

"How long have you been here?" Fornell asked.

Tony looked at him confused.

"Its ok son, we'll get you back to your family." He said trying to reassure him that the nightmare was over.

Tony shivered but said nothing.

Fornell got up to get a wet cloth to wipe Tony's face with. Tony grabbed his arm, not willing to let go of the first person to ever talk to him without hurting him.

The paramedics arrived and Tony was still unwilling to let go of Fornell.

"Come on son," Fornell said and lifted the boy in his arms and carried him to the ambulance.

He sat with him in his lap as the paramedics drove them to the hospital.

"Name?" The paramedic in the back with a clipboard asked.

"Tony." Was all Fornell said. He did not have any more information to give.

"How old are you son?" The paramedic asked.

Fornell looked at the boy, "About 8?" He guessed.

There was a noise from Tony and Fornell lent closer. "Twelve." He whispered.

Fornell nodded, "Twelve," He repeated to the paramedic.

Tony closed his eyes listening to the sound of the other man's heartbeat, that combined with the sounds of the ambulance's engine and total exhaustion meant within moments he was asleep.

* * *

Slowly Tony came to.

He could smell clean sheets and could hear people moving about. He decided for safety's sake to keep his eyes closed.

"How is he Doc?" He heard the voice of the nice man from last night.

"His wrist was broken and he has three broken ribs and multiple contusions. He is definitely malnourished and dehydrated. We've started him on an IV; I don't think he's eaten in over two weeks." The doctor confided in the other man.

"Poor kid." Fornell said his heart breaking for the boy. "We will hopefully get him back to his family as soon as we take his statement."

* * *

The doctor left the room motioning for Fornell to follow him, "I would caution against that Agent Fornell, there is evidence that this boy has been abused for years."

"Well we don't actually know how long our suspect had him for." Fornell argued.

"I suggest you find out some more about this young man then," The doctor said and turned to leave.

* * *

Fornell walked back in the room and realized Tony was awake as he flinched when the door shut.

"Hey Tony, do you feel up to giving me your statement?" Fornell asked.

Tony nodded. "Sure." He replied his throat raspy and sore.

"Can you tell me your name?" Fornell asked

"Tony DiNozzo Jr." Tony replied.

Fornell's eyes widened, that was his son! His gut clenched at the memory of what the doctor had just said about the boy going through abuse for years.

"So DiNozzo is…?" Fornell asked hoping for a reply like uncle, second cousin….distant relative.

"Father," Tony said keeping his answers short.

"Where's your mother?" Fornell asked gently.

"Dead, father killed her." Tony said coldly.

"Why?" Fornell asked shocked.

"Punishment, she loved me too much, I don't deserve to be loved, He is the most important, not me." Tony said his eyes focusing in the distance not wanting to be there to talk about it.

Fornell was shocked, he wrote the information down to add to the growing list of charges DiNozzo Senior was about to face.

Tony pulled his body into a sitting position.

"You ready." He asked.

"For what?" Fornell asked worried,

"Names, Dates and times of Fathers contacts with the mafia and Hit that I know he did…you said you were here for my statement." Tony said

Fornell nodded and got a clean page of his notebook ready.

For the next few hours, Tony recited all of the information Fornell needed. He was surprised at the intelligence the young man possessed and as time passed, he realized that he was finding himself growing increasingly fond of this young man, who despite the pain he was in had asked Fornell repeatedly if HE was ok.

* * *

Fornell sat back looking through his notes as Tony started to fall asleep.

He got up and walked outside to where Sam had been waiting.

"It's DiNozzo's kid," Fornell told him, "He's given us enough to send him away for life."

"Good," Sam said, "I'll call child services and see about them taking the boy."

"I already called Sam, if he agrees. I'm going to adopt him and give him the life he deserves." Fornell said with a smirk at the look on his Senior Agents face.

"So we had better call you dad then." Sam joked.

"I hope so Sam."

* * *

Tony waited until the door closed and then carefully climbed out of the bed, His father had told him about what happened to kids in child services and he had been told it was worse than what he had suffered at home. He knew that with his mother being dead and his father going to jail that was where he was headed.

There was no way; he was going to let that happen.

He grabbed the carrier bag that contained his bloody T-shirt and pants and his sneakers and taking care not to hurt himself much more he got dressed.

He quietly opened the door to see Fornell talking to another larger and tough looking man.

'that must be child services, Fornell must be selling him to the man now'…His father had always threatened to sell him to child services where they beat kids and hired them out for other people to hurt them for fun which was why it was called that. Tony reasoned in his twelve-year-old mind. After all, his father had beaten and abused him but he had never lied to him.

Tony suppressed a shudder; it would not do now to be caught.

He slipped down the corridor and walked out past the security guard by tagging along behind another family that were leaving.

Then ignoring the pain that was screaming through his ribs, he ran.

Fornell and Sam walked back towards Tony's room.

"I'm just gonna sit Tony down and ask him now, you wanna stay?" Fornell asked

"I'd love to; it'll be nice for something good to come out of today." Sam replied

Fornell pushed open the door to Tony's room.

"Tony, you awake?" he asked quietly.

He looked around the room, Tony wasn't in his bed and he wasn't in the bathroom either, then Fornell realized his clothes were gone.

"What the hell!"


	2. Chapter 2

A/N I want to thank you for the awesome reviews you guys have left. They are helping me feel better :) (Don't ya just hate the flu.)

Anyway I hope you enjoy there will be a time jump for the next chapter but not too long. (I hope.)

Disclaimer. It's not mine, but i did just sneeze on it...you wanna pick it up! :P

* * *

Chapter 2

Tony ran.

He ran as if his life depended on it. About half a mile later, he collapsed on his knees and started dry heaving into the grass as the pain overtook him.

As he got his breath back, he started to look around. He knew where he was. He was in Central Park, he had been here once with father who had been on a job and he had been forced to watch as he had killed a man. He had been six then, it had been the last time he had been allowed outside.

Looking up he noticed a storm drain and climbed inside…finally, he slept.

He awoke to find a girl sitting with her knees pulled up to her chest staring at him.

"Hey," He said moving a little way from her.

"Hi, I'm J." She said.

"Jay? Like the bird?" Tony asked.

She laughed, "No, like the letter J, streetname kid, it's a streetname. It's short for Janice but that's not tough and being soft out here will kill you."

"I'm Tony." Tony said.

She nodded "Hey 'T' I like it."

Tony smiled he had never had a nickname or a friend before.

Over the course of the next couple of weeks, J and T became inseparable.

She showed him how to survive on the streets, how to slip into the shelters by pretending to be a part of another family, how to put up masks and hide his emotions so that people could not use what he was feeling to their advantage. They laughed together, fought together cried together and ran together. For Tony it was the best time of his life.

J was to all intents and purposes his sister, she was six months older than him, but they did look alike and could easily pass for brother and sister. In fact, the only thing they ever disagreed about was stealing from people.

"But T they have loads of stuff they won't know!" J reasoned.

"No, J…you don't know that….stealing food…things we actually need from stores is one thing and I hate doing that, but those people, they could get hurt…I won't do it!" He stormed.

"But K says…." J started but got cut off by a look from T.

"No K is bad news….he reminds me of father…he's dangerous, please J don't go." Tony begged.

J looked at her little brother, "I'm sorry T, I need to do this, look I know you won't admit it but you're sick you have been for a while, I need to get you some medicine and I need money to do it.

Tony sniffed as J tucked him into a sleeping bag and a few blankets they had taken from a shelter.

"Please J be careful you're all I have." Tony sniffed.

"Don't worry lil brother. I'll be back before you've even noticed I've gone." She said and kissed the top of his head.

* * *

Fornell had been scouring the streets for a month, he had checked out every youth hang out and shelter he could. He had even bribed his contacts to keep an eye out for his boy. He was hardly sleeping, just existing on coffee and whatever food cart was nearby when he was hungry.

He would stop in NYPD stations as he passed them asking for news. They were all sympathetic but although there had been a few sightings of a kid matching Tony's description no one had been able to catch up with him.

Sam would help Fornell on weekends by driving around and looking, as did the other members of his team. Sam had been impressed with Fornell, in between looking for his boy he had managed to talk a judge into allowing him to proceed with the preliminary reports for adopting Tony. He had explained Tony's reasons as he saw them for leaving and had moved to a house so when Tony came home he had a room for him. His teammates had been awesome, helping with the move and being on the streets looking for Tony during the times Fornell needed to be in court or at work. Even their boss had helped by decorating Tony's room and supplying furniture so that when Tony moved in he had his own space. Even though he had not met the boy, the story of the bond between the boy and his agent had moved him.

Fornell was getting increasingly worried, it was nearly November and it was turning colder, Tony had been malnourished when he had left. The winter might just kill him.

* * *

Tony woke up to some heavy breathing nearby, "J?" He called scared.

"It's ok T it's just me." J said, "Here take some of this." She handed him some medicine.

Tony looked at her, "J you look funny?" He said, she was grey and sweating, "Maybe you could use this." He handed the medicine back to her.

She smiled. "I love you T. but I have to go away for a while." She said .

"NO...why?" He exclaimed.

"I…I got hurt T," J said and lifted her shirt. Tony could see the knife handle sticking out of her stomach.

"No J….we gotta get you to hospital." Tony said throwing his blanket around her shoulders.

"I can't do it T." She said.

"Remember what you always told me….work smarter not harder, come on together we can do it." He helped her up and they slowly headed towards the street.

They made it as far as the road when J collapsed. "Help me…Please help me!" Tony called out. People walked past them as if they were not there, either too afraid to help or too wrapped up in their own lives.

A beat cop walked up to him. "You ok son?" He asked.

"My…sister…someone stabbed her please save her," Tony sobbed.

He called on his radio for an ambulance, as they waited the cop took a closer look at the two kids.

"What's your name son?" He asked.

"T." Tony said.

The cop nodded, "OK T…paramedics are on their way." He stood back and picked up his radio. "Hey dispatch it's Charlie, get someone to contact that Fed, I think I've got his kid we're heading to the Lincoln Medical Center. Get him to meet us there."

Fornell had just finished his day and was dropping some paperwork off to Sam.

"Tobias, why don't you take tonight off, come home with me have a decent meal?" Sam asked.

Fornell glared at him, "I'm fine, Tony's out there somewhere and I will find him."

Sam nodded he opened his mouth to say something and stopped as Fornells cell rang.

"Yeah….Oh my God! Is he ok...thanks I'm on my way," Fornell hung up and turned to Sam.

"NYPD Found him Sam." He said choking back the emotions that threatened to overwhelm him.

"I'm driving," Sam, said, "Where is he?"

"Lincoln Medical Center," Fornell said.

They got to the car park and Sam put the light on the roof of the car, "Just this once eh?" He said and they sped off.

* * *

Tony sat on a bed eyeing the doctor that he just entered warily.

"Hi T, My name is Ruth Jackson, I'm a doctor can I look you over?" She asked.

"I'm fine….How's J? no one will tell me." He asked.

"I'm sure she's fine." Ruth replied. "I'm sure she's waiting outside for you."

"No she had a knife in her gut! She's NOT fine! Get off ME!" He yelled pulling away from her.

"Calm down." Ruth said sternly. "We will fix you up and child services will come and give you somewhere warm to stay."

"NO NO NO!" Tony screamed and started kicking and punching.

"ORDERLIES!" Ruth called and two large men came in and started strapping Tony to the gurney.

"LET ME GO!" Tony screamed crying hysterically.

Fornell and Sam entered the building and went to the ER. They had just made it to the desk when Fornell heard Tony screaming.

They flashed their badges and stormed into the room.

Ruth looked up at the two men who had crashed into the room flashing badges.

"It's fine officers, just another delinquent probably hopped up on some drug, I'll get child services to deal with him."

"Get the HELL away from my son." Fornell growled.

Both Ruth and Tony looked at him in shock.

"Your son?" Both said at the same time.

Fornell pushed past the doctor, walked up to Tony, and undid the restraints.

"I've been worried sick about you son, and Yes if you will agree I already have the paperwork to adopt you."

Tony sniffed and wiped his nose on the back of his hand.

"You….you mean no ch….child services. I can stay with you….you want me?" he said stunned.

"If you want me too," Fornell smiled as he hugged Tony.

"Yes please sir." Tony said.

"Sir?" Tony asked.

"Na," Fornell shook his head, "Not having that for the next forty years. Dad, Toby, Fornell….definitely not Sir."

"D…Toby?" Tony asked

"What's wrong are you ok?" He asked concerned

"I'm fine, just a cold and a fever, but J she was stabbed and no one will tell me if she's ok."

Fornell looked at Sam who nodded and left the room.

"Sam'll find out for us." Fornell told him, then he turned his attentions to Ruth, "You leave and get me a competent doctor."

She opened her mouth to protest but the glare that he sent her way changed her mind.

Sam walked back in "Tobias." He said quietly.

Tony looked up at him and tensed. "She's dead." He said flatly.

Fornell looked to Sam for confirmation and he nodded.

"Oh Tony I'm sorry." Fornell said, he was concerned by the lack of emotion that Tony was showing.

* * *

The only way Fornell could even tell some of what Tony was really feeling was by the odd tear that escaped, as a new team of doctors looked him over. Tony stared into the distance.

"It's ok to be sad son." Fornell said, brushing a stray hair on Tony's forehead.

"DiNozzo's don't cry." Tony said automatically and internally Fornell cursed DiNozzo's father.

The doctor came over with a prescription for Tony, "He's got an infection which we can treat with some antibiotics. But apart from that and the fact he could stand to gain a few pounds he's good to go."

"Thanks Doc. Ok Tony time to go home."

Tony flinched and Fornell cursed himself silently.

"Time to go to my house, your new home." He rephrased.

Tony looked up at him, "Is there….anyone else there?" He asked trying to keep the fear out of his voice.

"Nope, just you and me kid. You ok with that?" He asked.

Tony nodded and allowed Fornell to lead him out of the hospital.

On arrival at the house, Tony was fast asleep. Fornell gave Sam his keys, "Can you get the door, I'll carry him in." he said.

Sam opened up and followed Fornell as he carried the boy to his new room.

Tony opened a sleepy eye, "Where 'we?" he muttered sleepily.

"Your room." Fornell said.

Tony looked around and then came awake suddenly, "That's MY bed?" he asked.

Fornell looked worried, maybe Tony did not like it.

"Er, yeah is that ok?" He asked.

Tony flew to him and wrapped his arms around the man.

"I have a real bed! I always wanted a bed," He laughed the first real joyous sound Fornell had ever heard from him.

All sleep forgotten Tony looked around the room, "how many other kids am I sharing with," He said looking at all the clothes and toys.

"No one, these are for you."

"But I have clothes." He said looking down at the one outfit he owned.

"And now you have more…you need more than one outfit." Fornell said.

"Why?" Tony asked warily, He had only ever had nice clothes when his father took him to see business associates and that never ended well for him.

"Some for playing, some for school, and some for home…" Fornell told him.

"Playing….School…?" Tony looked confused and sat on the floor.

Fornell looked at Sam who realized his friend had a long hard road ahead of him.

Fornell crouched in front of Tony. "Tony you do know what playing and school are don't you?"

"What good kids get." Tony replied instantly.

Fornell went to stroke Tony's hair and Tony flinched. He moved his hand to lift Tony's face so he would look at him.

"Tony you are a good kid, all kids get to go to school and they all get to play." He said earnestly.

"Even me?" Tony asked hopefully.

"Especially you, you have to work hard in school but there are good rewards." Fornell told him.

Tony smiled sadly, "Gotta work smarter not harder." He said.

"That's good advice, who said that?" Fornell asked.

"My sister…." Tony said quietly.


	3. Chapter 3

A/N Thank you to all those who have put this on their favorites and alerts and to all of you who reviewed.

To my guest reviewer, Yes, It does seem a bit quick and there is a jump in this one two however the first three chapters were always going to be back story, Never fear Gibbs and co make there first appearance in this chapter. and there will be no more jumping.

(Except ME! Abby yells from the background. LOL)

Disclaimer: Don't own but have got it...and am still contagious anyone wanna come get it?

* * *

Chapter 3

25-year-old Tony Fornell stood at a line of payphones in college listening to his dad on the other end of the phone.

"I don't care dad, she hates me." Tony moaned.

"She's not even met you." Tobias tried reasoning with his son. "Come home for thanksgiving,"

"No I'm going skiing with Steve." Tony was still as stubborn as the day they had met. Although he was, a lot more outgoing and being at the police academy meant he was back in charge of himself again, he still kept in contact with his dad by phone.

"Diane is just picky because she's pregnant." Tobias reasoned, "She wants to meet you before the baby is born.

"You had an affair with her, not me." Tony ground out.

"Anthony DiNozzo, you are so stubborn."

"DAD!" Tony whined at the fact he had used his old surname. Granted he had not legally changed it preferring to keep it as a back up, but it was a given that he never used it.

Tobias slammed the phone down in frustration and looked at the receiver, this wasn't his first fight with his son since he had adopted him, for example the fight the day he enrolled him in military school while he was on extended assignment with the FBI had been legendary. Tony had locked himself in his room for two days with Fornell trying to reason with him. Fornell was pleased though, despite the arguments Tony had gone and excelled there and had breezed through Ohio State on a scholarship and after blowing out his knee in a basketball game had opted to become a cop.

He was in his last year at the police academy and was looking forward to his first posting.

Tony hated fighting with his dad. Nevertheless, he never got on with Diane; she never wanted to meet him the few times he had been home. Granted she had been married to her first husband some person called Leroy when she and his dad had started dating and he had jokingly referred to her as his dad's scarlet woman, which he admitted really had not helped.

Surprisingly he was happy to hear he was going to be a big brother although a small part of him worried that his dad would love the kid more than him, although Fornell had never given him that impression and he hoped that the evil witch queen….sorry Diane the stepmother, would let him see the baby.

* * *

By the time Tony graduated police academy he had a baby sister but no stepmother.

Tobias had come with Sam and baby Emily to his graduation.

"Dad!" Tony said smiling as he hugged him and looked in the carrier, "Is that her?" He asked his voice full of awe.

"This is your sister Emily." Tobias said

Tony knelt down and looked in the baby carrier. Eye to eye with his sister he promised, "I will always protect you Emily."

Sat in a restaurant the three men and one baby made Tony laugh. "Does this remind you of a movie?"

Fornell looked at his son, "Don't even go there."

"So what happened with the evil witch queen?" He asked.

Sam looked at both of them, "Diane." Fornell supplied helpfully.

"She traded up."

"Bitch." Tony said and got a head-slap from his father. "What the hell?" he asked affronted.

"Got taught that by a friend, Jethro."

Tony laughed "Jethro?"

"Diane's first husband, turned out he's a Fed too. So we have something in common," Fornell told them.

"He's FBI?" Sam asked.

"Nope. NCIS." Fornell said.

"What the heck is NCIS?" Tony asked

"Navy cops." Fornell supplied and reached over the table to nudge the envelope his son had been given, "So where you got?" he asked.

"Peoria." Tony took a deep breath, "Dad, I wanna use DiNozzo as my surname,"

Fornell looked surprised, "Why?" He asked.

"You worked Peoria, I don't want people knowing I'm your son…I mean I'm not ashamed to be your son…only I want to do this by myself not make people think I traded on the fact my father is a Federal Agent."

"OK, I see where you're coming from and I think your nuts."

"Just call me DiNutso." Tony joked,

"You know I may just….You know how I feel about you using HIS name anyway," Fornell spat. Even after all these years, he hated Anthony DiNozzo Senior for all the harm he had put his son through. Life imprisonment had not been long enough as far as he was concerned but it was all he had.

* * *

Five years and two precincts later Tony was a detective in Baltimore. He had not wanted to stray too far from D.C., which was where his dad was now stationed as Diane lived there with Emily. Tony had his own apartment but he and his dad tried to meet up as regular as their work schedules permitted.

He had had to leave Peoria quickly as an old associate of his fathers had blown his cover calling him Tony Fornell and nearly getting him killed in the resulting shoot out. Baltimore had an opening for a detective and he had gratefully taken the assignment.

Before he knew it his life was about to change.

Tony had found out his partner Danny was a dirty cop and with the assistance of one Leroy Jethro Gibbs, he had found himself out of one job and heading to a new one at NCIS.

Tony sat in his apartment boxes piled everywhere on the phone to his father.

"Dad….That guy Diane was married to before you, Didn't you say his name was Leroy Jethro and he was a navy cop?" he asked tentatively.

"Yeah…why?" Fornell asked slowly fearing something had happened to his friend.

"Well….Erm…He's my new boss." Tony blurted out.

Fornell laughed, "You're kidding me."

"Nope." Tony breathed a sigh of relief. "I didn't tell him about you though."

"Probably best not to." Fornell agreed, "I am proud of you as my son, but if we ever have to work together and sometimes I do, my boss'd be pissed if anyone else had to deal with Jethro. Apparently that is my job and mine alone." He sounded put upon although Tony knew he was kidding.

Therefore, Tony started working with Gibbs as an NCIS Federal Agent. He kept up the persona of Anthony DiNozzo Jr. changed a few things, such as everyone he worked with thought he was a womanizer, when in reality the weekends he spent with as Gibbs would call it his 'special lady friend of the month,' were usually his weekends with his sister. Although DiNozzo did not have a sister on file, Anthony Fornell did and loved spending time with her.

Tony told Gibbs the truth as far as he could, over the years Gibbs deduced that Anthony DiNozzo Senior was not in his sons' life. Even to the point of Tony getting sick from the plague and Senior not turning up. Unfortunately, Fornell had been on a deep cover assignment and had not been able to visit, although his handler had kept in touch by phone with every development and he had seen him as soon as the case had finished.

Gibbs himself had taken a shine to Tony; he knew the boy wore many masks to hide different aspects of his personality. However, the one thing Fornell had taught Tony was to trust Gibbs and Tony would spend many and hour talking to Gibbs, eating meals with him or just spending time with him in his basement.

* * *

When Gibbs went to Mexico. Tony found himself spending a lot of time at his dads either with Emily comforting him not only because uncle Jethro had gone but because Tony seemed so sad while he was at work.

Tony walked into the kitchen to find his dad standing at the stove cooking dinner. He poured himself a coffee and sighed as he sat at the counter.

"What's up son?" Fornell asked.

"He's back." Was all he said leaning on his elbow and watching his father cook.

For a second Fornell panicked. "Who?" he asked.

"Gibbs…I got back today and he just moved all of my stuff dumped it in a box and left it on my desk. I'm back to being Senior Field Agent again."

Tobias looked angry, "He can't do that, and it's your team!"

"Let's face it dad, even when I was team leader it was never my team," He said wearily.

"Here." Fornell held out a spoonful of pasta sauce for him to taste, Tony tasted it, "Still needs more garlic." He grinned.

"Never enough for you is it." Fornell quipped back glad he had put a smile back on his sons face. "Go on wash up." He said and ushered Tony out of the door.

Four hours later Fornell turned up at Gibbs' door.

"So I heard you were back." Fornell said.

"Yeah. Ziva needed help. I decided to stay the kids needed me."

Tobias looked at Gibbs incredulously "What about DiNutso, I hear you demoted him."

"Not demoted, just back in his place." Gibbs said offering his friend a drink.

Fornell took it and swallowed in one gulp. "You know they treated him like hell while you were away?"

"DiNozzo can handle it. It was just the team adjusting to the new dynamic." Gibbs argued.

"Bull-crap Jethro and you know it!" Fornell snapped.

"Fine I'll make it up to him," Gibbs growled grudgingly agreeing with his friend although not understanding why this was so important to him.

"DiNutso's a good kid he didn't need that." Fornell supplied,

"Drink your bourbon Tobias." Gibbs said and went back to sanding his boat.

* * *

The next morning Tony slunk into his desk, he really was not looking forward to another day of sniping and backbiting. If it were not for his dad living so close and Emily, he would have left NCIS when Gibbs came back. However, he was not about to abandon his little sister.

Gibbs walked in and put a coffee on his desk, "Good job DiNozzo." He said and sat down.

Tony tried hard but lost the fight to the grin that overwhelmed him. "Thanks Boss," He replied. He knew his dad had gone to see Gibbs the night before but had not known what about. He made a mental note to talk to him later about it.

About lunchtime, Gibbs got up and headed for MTAC, "DiNozzo with me." He ordered ignoring the looks from both Tim and Ziva he followed dutifully after his boss.

Two hours later tired after helping deflect Gibbs' mood and filling him in on the blanks in the case he was struggling to remember, Tony left MTAC to find McGee grinning like a lunatic.

"What's up with you McSmiley?" He asked.

"You've got a visitor." He grinned.

"Oh?" He said intrigued "OK I have to run this flash drive to Abby, Tell whoever it is I'll be up in a minute."

Tim nodded still grinning he walked off to the bull pen.

* * *

Tony dropped the flash drive off to Abby and took the stairs back so he could call his dad.

"Hey dad, did you talk to Gibbs about me last night?" He asked.

"Yeah, don't worry I didn't spill your little secret." Fornell said.

"He gave me coffee this morning and a 'good job'" Tony told him.

"Maybe he's getting soft in his old age." Fornell offered.

Tony laughed exiting the stairwell and walking into the bullpen, "OK, I'll call you la…." He stopped pulling up short at the man who stood before him. Both Ziva and Tim were grinning,

"Tony you never told me your father was such a charmer." Ziva said smiling.

"Father." Tony said coldly he turned back to the phone, "I'm sorry I have to go. My father has turned up at work." He slammed the phone shut knowing that his dad would be there soon hoping he could keep Senior distracted long enough for his dad to arrest him.

"Junior, is there somewhere we can talk?" Senior asked still being polite.

Gibbs had walked in he looked at Tony and his father, "I'm sorry we're working right now father, I will have to talk to you later."

"Use the conference room DiNozzo." Gibbs said trying to be generous.

The last thing Tony wanted was to be further away from his weapon than he was right now. Nevertheless, he knew how dangerous Senior was and he did not want anyone else to get hurt.

So shaking with fear but with a face that showed absolute calm, he walked into the conference room.


	4. Chapter 4

A/N Wow your reviews are awesome, ok so i know you will mostly all hate me after this chapter, please remember i'm nice really. :)

* * *

Chapter 4

As soon as the conference room door closed Seniors expression changed.

"Did you think I didn't know where you were." He snarled.

"I was hoping." Tony countered

"You think having me stripped of my parental rights means you're not mine." Senior blocked the doorway and Tony involuntarily took a step back.

"I…I didn't….why are you here?" Tony asked.

"The inheritance money from your mother, I want it." He said

"I don't have any money." Tony snapped back. He had used his inheritance money to buy an apartment and his car, there was no more left. It had not been that much anyway.

"Liar." Senior spat and backhanded him across the mouth,

Tony lost his balance and landed on the floor. Suddenly he started having flashbacks from when he was a child he remembered some of the inventive ways Senior had used to punish him.

"No…!" he found himself scrabbling back into a corner whimpering.

Senior grinned at the panic he saw in his son's eyes and lifted him to his feet, "You're coming with me is there a way out where we can't be seen."

Terrified Tony nodded and led him out down the back stairwell and through the garage.

Senior took his keys and threw him in the trunk.

"Time to go home son." He sneered and smiling as he got in the car.

* * *

Ten minutes later Fornell burst out of the elevator, "Where's Tony!" he said trying to keep the panic from his voice.

"Is he being accused of murder again!" Ziva asked jokingly.

"Gibbs, WHERE IS HE!" Fornell shouted.

Gibbs squared up to Fornell, "You can't just come here accusing my agents of things, what he supposed to have done now?"

"For God Sake Jethro, Please. He is in danger. Where is he?" Fornell nearly sobbed.

Gibbs looked at Fornell quizzically for a second then turned to Fornell "Conference room one, come on." He grabbed his gun and realized that Fornell had already headed that way he burst into the room but it was empty.

"Dammit Jethro! Why did you let him alone with that man?" Fornell yelled in frustration.

"He's his father Tobias." Gibbs said standing his ground.

"The hell he is, he maybe blood but he ain't his father. Did you even look into Tony's background?" Fornell stormed out of the room.

"McGee do that trace thingy on Tony's phone." Fornell ordered

"Boss?" McGee asked.

"FOR GOD SAKE! MY BOY IS OUT THERE IN TROUBLE AND YOU'RE ASKING PERMISSION!" Tobias yelled at him

McGee frantically started typing on the keyboard.

"Er Boss…Tony's phones on his desk." McGee said.

Fornell wrote a number down and handed it to him. "Try this one it the family phone." He smiled a bit, "Emily uses it to call him a lot."

"Why would he call your daughter?" Ziva asked.

Fornell shook his head, "Call yourselves investigators, you don't know anything about Tony do you." He snapped.

"Tobias…What's going on?" Gibbs asked, but Tobias lifted a hand to stop him as his phone rang.

"Tony…..Let him go you son of a bitch, I swear I will hunt you down and shoot you!" Fornell growled quietly. He leant forward, wrote the word TRACE on a piece of paper, and gave it to Gibbs who passed it onto McGee.

"He's not your son, he never was, he was just a piece of meat to you, remember I found him, I raised him." Fornell looked at the phone as Senior cut off the call.

* * *

Gibbs put a hand on his friends arm, "Tobias, calm down."

"Calm down! That son of a bitch has my son and you tell me to calm down, you never saw what he did to him…." Fornell sank with his head in his hands into Tony's chair, "His sister's going to be scared to death. We have to find him."

"OK McGee is running the trace I need you to fill us in…on everything Tobias."

"OK DiNozzo Senior has been locked up he got life when Tony was twelve, Senior was a hit man for the mob. He also murdered Tony's mother when he was eight and was sent down for that and child abuse."

Gibbs, Ziva and Tim looked stunned. "He never said..."Ziva started.

"Why in the hell would he, you lot don't trust him, when Jethro went to Mexico you all treated him like dirt, all he was trying to do was keep the team together, he went days without coming home, finishing paperwork for you guys so you weren't overworked. Then only break he had were weekends."

"When he was out partying yes?" Ziva said.

"NO. He would be spending time having a small party with his sister, Emily. She would have slumber parties at his house with movies." Fornell snapped. He sighed and calmed down, "Listen I know he puts up masks, he picked that talent up on the streets as a kid. He was a runaway before I adopted him. His first 'sister' I think he said her name was 'J' taught him how to put up masks and how to 'work smarter not harder.'"

The computer beeped and they all turned their attention to it. "He's on the interstate heading north."

"Hell he's going back to New York. The son of a bitch is going back to where it all started!"

Tim and Ziva got in one car and Gibbs and Fornell got in another and started off for New York."

* * *

"We've know each other for years Tobias, why didn't you or Tony tell me."

Fornell shrugged, "Didn't come up. No... really Jethro." He said as Gibbs gave him a glare. "Honestly he was drummed out of Peoria due to having a father that was a criminal; We…the FBI sealed his father's file, although your Geek could have hacked it in moments. Then his first partner in Baltimore gave him grief because I was FBI. He just wanted to prove he had done this alone." He looked out of the window "Besides if we had told you I wouldn't have been allowed to be a liaison between you and your team."

"And that would have been bad?" Gibbs asked.

"Hell yes, when that psycho Sterling framed him for murder, and when he was accused of killing La Grenouille. If anyone else had those cases, he would have gone down, especially if they had gotten hold of his family background. If it was left to you guys I'd have lost my boy." Fornell trailed of quietly worry seeping into his gut. "I can't go through that again."

"Again?" Gibbs gut churned, he realized that there was so much more to his SFA than even he knew. He understood that Tony liked to wear masks and that he was much more than the overgrown Frat boy he portrayed, but to hear that the parents and the big home he had talked about was probably a lie, hurt him. He had hoped that he would have trusted him enough to tell him the truth.

"You know Jethro, what that bastard did to him when he was twelve,"

"Yeah he said he was disowned."

Tobias laughed a sad guttural laugh. "So that's what he calls it. You know Jethro he was my first case as a FBI Agent. I went in to arrest his old man, and as we were taking him out I found Tony chained in a dog bed in a small room, he was malnourished and terrified. Senior had been treating him worse than an animal. You know I had to teach him how to play. He told me once I was the first person to talk to him and not hurt him."

Gibbs was shocked, "That's why he plays all those practical jokes now, he never did those as a kid."

"It's the same reason why he plays with Emily he insists she has a fun childhood, because he didn't."

"I never knew." Gibbs said.

"He doesn't want it known, he doesn't want to be pitied, he just wants to do his job and help people, even if he does have to put up with the crap your team heaps on him."

"So," Gibbs said, "He wasn't a rich kid then."

"Emotionally no, but his mom left him just over a million dollars. Senior had money lots of it; apparently being a hit man for hire paid well, that is where we are heading now senior house on long island. We could not seize it, it was in his wife's name and Tony did not want to sell it. He was too scared to go to the house to fix it up for selling."

Gibbs turned and stared at the road ahead in the last few hours everything he knew about DiNozzo had been turned on its head.

* * *

Tony blinked as Senior opened the trunk, "Out now." He said curtly.

Tony climbed out his whole body hurt after the four-hour drive in cramped quarters. He felt sick and dizzy, "Fine." He snapped. "Where are we?" he asked hoping he would be able to call his dad or Gibbs and let them know.

Senior laughed, "Why son, we're home." He said turning him to face the house Tony had seen in his nightmares for years.

Tonys' eyes grew wide and his face conveyed the horror he was feeling. "NO…NO…NO…I won't go back there you can't make me….Please don't make me." He begged.

Senior pulled out a gun. "You will go back where you belong." He sneered and then laughed as Tony began to shake and was promptly sick over the grass.

"DiNozzo's don't get sick." He said.

"Lucky I ain't a DiNozzo then, I'm a Fornell." Tony said squaring up to his father.

Senior pulled back his fist and punched Tony in the face causing him to fall to the ground. "You ARE A DINOZZO! Bloody worthless excuse for one but you are mine boy and don't you forget it!"

Tony coughed up blood and wiped his face. "Never could forget it father." He sniffed.

Senior grabbed him by the hair and pulled him into the building, when Tony tried to fight it Senior pressed the gun to his head, "I've been watching you boy, you mess up for me and after I kill you I'm going after that pretty little girl you like so much….Emily isn't it."

"Bloody leave her alone! I'll do what you say I'll be good please father don't hurt her." Tony begged,

"You will do as I say, oh I won't hurt her but I could let someone else have that pleasure for the right price."

"No Father, you win." Tony sobbed collapsing to his knees.

"STOP CRYING!" Senior said and walked to the little blue door from Tony's nightmares. "Get in there."

Tony stared at the sliver of light that shone under the door and had flashbacks of being in this room as a child, all the memoires he had repressed came out in one moment of guttural pain. He curled in on himself and screamed.

Outside Senior smiled. His plan for revenge was coming along nicely.


	5. Chapter 5

A/N Thank you so much for your reviews I appreciate each and every one of them.

Disclaimer, I don't own it. (but i may save up and hire it occasionally!)

* * *

Chapter 5

Both cars screeched to a halt, outside the large gates of the house on Long Island.

Fornell was on the phone as he climbed out. "What do you mean he was released on good behavior and who's bright idea was it NOT to tell me?"

Gibbs looked over to Ziva and McGee as they got out of the car.

"WHAT!" Fornell exploded. "Yeah, well get me a bloody warrant he's just kidnapped a Federal Agent." He snapped the phone shut and thrust it into his pocket. "Bloody idiots." He cursed.

Gibbs had never seen this side of his friend before and he was worried. "Tobias, you've gotta calm down, if we make a mistake Tony could get hurt."

"He could already…" Fornell could not even finish the thought. He sat back in the car, "God help me if he's hurt Tony I'll kill him."

"Ziva, McGee check the perimeter, see if you can see Tony or Senior." Gibbs ordered.

* * *

They walked around the house, It was in disrepair, but you could see how in it's heyday it must have been a magnificent house. Now shutters were swinging loose, paint was peeling and the gardens were overgrown. They jumped as a tile slid off the roof and smashed on the patio below. They heard a noise that sounded like an animal in pain and followed it.

"What do you think it is?" Ziva asked.

"I don't know but it's this way." Tim said walking towards a small open basement window. The window was a few inches wide, not big enough for someone to get in or out but sound could escape. Tim lay on his stomach and looked through a piece of the window where the glass was broken and he could see inside.

His gut clenched as he realized that what he saw was not an animal but his friend. Tony was hung from the ceiling and had copper wires tied around his chest. Water was leaking from a pipe above him and he was shivering with cold and fear.

Senior sat in a chair with a glass of Scotch in his hand smiling.

He picked up a remote and pressed the button.

Tim had to stop himself from screaming as Tony's body convulsed with electricity and they heard the inhuman howl again.

"Please Father!" Tony begged, "I don't have it."

"Sign this house over to me, you owe me boy, talking to that fed cost me everything you will pay, and then so will they, him and that little girl."

"NO! Please, you can have the house and the money please leave my dad and sister alone."

Senior got up scowling, walked across the room, and backhanded Tony across the face.

"I AM YOUR FATHER!" He yelled.

Tony lifted his head, "NO TOBIAS IS MY FATHER!" He insisted

Senior turned the dial right up, "Who's your father?" he asked and laughed as Tony screamed.

"YOU ARE, FOR GOD SAKE YOU ARE… PLEASE MAKE IT STOP!" He screamed,

Senior turned the machine down, "You will leave NCIS and you will NEVER see any of them again do you hear me." He turned the power up again.

"YES GOD, YES…!" Tony sobbed.

Senior cut him down and held him "There, there son, daddy's here for you." He said mockingly.

"Yes daddy." Tony sobbed.

* * *

Tim turned over onto his back tears streaming down his face. Ziva looked at him confused but he motioned for her to follow him.

"Tim, what did you see?" She asked as they got away from the window.

"Tony…..I….He…." Tim leant over and threw up.

Gibbs and Fornell walked up to them, "Did you see him, what happened?" Gibbs asked.

"His father is torturing him," Tim said as he dry heaved,

"I doubt he is really torturing him," Ziva said thinking of her time in Somalia.

Tim shook his head, "This makes what you went through look like a weekend at camp." Tim said snapping at her, "He's broken him, at least with Saleem you didn't love him, you weren't supposed to trust him, that's Tony's biological parent, He's supposed to trust him and he does that! God Ziva are you that blind."

Tim walked away from her; he could not believe that after what he had seen she did not believe him. Of course, he was glad she had not seen it, but she should trust him.

* * *

"Boss we need that warrant; we need to get in there now!" Tim said, "You know what stuff the warrant I'm going in." Tim drew his gun and stormed towards the house.

"STOP." Gibbs said and Tim did.

"Boss?"

"Show me where you saw Tony," Gibbs and Fornell followed Tim and laid down to look through the window.

Tony was curled in the corner alone.

"Tony…Son." Fornell whispered through the window.

"No, run… dad, not here….not safe…bomb." Tony said.

Gibbs looked around the room, he saw the wires attached to the door of the room and he could see the boxes near Tony, which had wires going into them.

"DiNozzo, can you disarm the bomb?" Gibbs asked.

"Not worth it Boss, can't move, not allowed." Tony's breath hitched with the effort of talking. "He knows you're here it's a trap."

"I'm coming to get you son," Fornell said, "I won't leave you."

"No run, stop him he's going to go after Emily, I'm not important, save Em, Boss save my family." Tony begged.

"It'll be ok DiNozzo, you'll all be ok." Gibbs said.

He pulled Fornell away from the window, "Tobias call the bomb squad get a local team out here, we have to go in now."

Fornell made his call and informed Gibbs the bomb squad were on the way as were the paramedics.

When everyone had arrived and a FBI agent from New York turned up with a warrant and they stormed the place.

Fornell and Gibbs took point, clearing room by room until they came to a door where Fornell stopped. "Bastard." He spat.

Gibbs looked at him. "Jethro, it's the same room I found him in as a kid."

"Stop!" Gibbs ordered as Fornell went to open the door, "Bomb remember Tobias."

Fornell stepped back and let the bomb squad do their job.

* * *

Soon the door was off and Fornell stepped past the bomb squad and knelt beside Tony.

"Tony?" He said gently.

Tony stirred and pulled away from the contact. "No more please….you can have it." He whimpered

"Tony….It's ok. It's dad."

"Yes you're my dad….I believe you father…please don't hurt me again."

"Tobias he's delirious. Let the paramedics look after him."

Ziva and McGee came into the room. "We've searched the whole place and there's no sign of Senior."

Tony fought the paramedics. "Dad! Dad!"

Fornell moved quickly to his son's side, "Stop father, he's going after Emily."

Fornell paled and grabbed his phone.

"Diane…Tobias, Where's Emily. I need you and her to come to New York now. Tony's in trouble and Emily is in danger…. No you should be fine just get to the Lincoln medical center." He slammed the phone shut on her.

Gibbs looked at him, "She's gonna be pissed when she get here."

"So same as usual then." Fornell replied. "I have to keep my kids safe."

Gibbs understood, God did is understand. Having lost his daughter and even with these new revelations about Tony he still felt a fatherly bond towards his SFA. More than that Tony had been his partner for nearly ten years, he needed him.

Fornell filled in the local FBI about senior and climbed into the ambulance with Tony, "I'll meet you at the hospital Gibbs." He said.

Gibbs nodded and sorted assignments out before he, Tim and Ziva too headed for the hospital.

* * *

Senior sat in a Lincoln town car staring at the hospital. While he was working on Tony he had heard Tim outside the window and realizing the Feds were on there way he had reevaluated his plans. Calling in a few favors he realized that he did not need to travel all the way back to D.C. Hopefully his new and improved plan would work. A few well placed hospital staff for information and a good plan and then he could kill the old man and the girl and then he would kill the boy. Finally, he would know peace.


	6. Chapter 6

A/N I would like to thank EVERYONE who reviewed. I appreciate all your comments. :)

For those of you still reading...This chapter is a little smaller and a bit of a filler but it is as usual leading somewhere.

Disclaimer. I AM A FOOL... I DON'T CARE AND I JUSTIFY NOTHING! (Bounces up and down with glee!) I Don't own NCIS But I'm stupid enough to blag it! LOL. (Hey I never claimed to be Sane!)

* * *

Chapter 6

Diane was pissed; there was no other word for it. Then again, she usually was when her ex-husband and his son were involved. The funny thing is after all these years she still had not met him.

While she and Tobias had been married, Tony Fornell had been at the police academy and she had never gotten around to meeting him after their marriage had broken up. Emily talked about her big brother all the time but Diane usually nodded and pretended she was interested but never actually listened.

This time however it was different, she knew he had become a Federal Agent like his father but had never found any information on him when she had tried to search the internet, and now he had put her little girl in danger. She packed a bag of Emily's things and climbed into the car putting her sleepy nine-year-old daughter in the back seat.

Victor her current husband stood at the door, "You have a safe journey, are you sure you don't want me to come?" He asked concerned.

Diane shook her head, "No, whatever Leroy and Tobias have cooked up, its better I go along with it, only for Emily's sake. I swear to God though if this is another of his boy's stupid pranks…." She left the rest unsaid.

Victor looked at her, "Diane from what you've told me and from what Emily says he dotes on her, he'd never put her in any danger." He hugged his wife, "Call me when you're both there safe." He said and kissed her gently on the forehead.

Diane smiled at Victor, she knew that marrying him had been the best thing she had ever done, and for once she had a husband who did not put his job first. OK so Leroy would always be her one true love, but Victor….she loved him and that was enough.

* * *

Four hours later, she found herself and an over excitable Emily walking into the Lincoln Medical Center.

"Tony Fornell please." She said to the Nurse at reception.

The nurse looked through her computer, "I'm sorry we don't have a patient of that name here."

Diane grabbed her phone.

"Mommy…" Emily started.

"Just sit down honey, I'll find your father and we will sort this out."

"Diane!" Gibbs said as he walked around the corner with a tray of coffee.

"So Leroy at least I am at the right place then, this nurse just told me Tony wasn't here, I thought Tobias had had me driving for four hours for another one of that boy's practical jokes."

Gibbs just glared at her "Come on Diane, Hey Emily, your dad's just down the hall."

Emily ran carefully ahead of her mother, wanting to get to her father but mindful of the fact that this was a hospital and she did not want to hurt anyone by knocking anyone over.

She saw her dad walking out of a room and talking to a man and a woman,

"DADDY!" she called, "Where's Tony?"

"Hey Em," Fornell bent down and hugged his daughter.

Emily looked at him and saw how tired he looked.

"Daddy….is…is Tony gonna die?" She asked softly her eyes filling with tears.

"No baby," Fornell said.

"Tobias, why are we here, what did that boy of yours do this time." She snapped.

Gibbs looked confused, "I thought you hadn't met Tony?" he asked Diane.

"Never, Not once during the whole year we were married," She admitted. "Heard enough about him though."

Emily had pushed the door open to Tony's room "TONY!" She called and ran in; Diane followed her daughter.

"You?" She breathed recognizing him from when he had interviewed her.

"I thought you hadn't met?" Fornell said to his ex wife with a smirk.

"You sent him to interview me when you and Leroy were trying to find Victor, you could have told me then that he was your son."

"No he couldn't mommy, Tony made him promise, and he's a brave knight who took on the evil wicked queen all by himself!" Emily said sitting next to Tony and holding his hand.

"EMILY!" Fornell, Gibbs and Diane said at the same time, although Diane looked outraged the two men were trying unsuccessfully to hide a smirk.

* * *

Diane turned on her heels and walked into the corridor knocking into an orderly on the way out.

"So Tobias, you brought us down here for this!" She snapped.

"No, Diane, Tony's in that bed because his biological father tortured him and threatened Emily's life. Tony only went with him and went through all that just to keep his sister safe." Fornell said annoyed.

"I want to keep both my kids together and keep them safe."

"She was safe with Victor and me in Washington."

"Diane! You saw what DiNozzo did to him, do you want to see Emily in a room looking like that."

"I….He was only after his son." Diane argued.

"MY SON DIANE." Fornell snapped. "We've had this argument a hundred times, I may not have made him but he is MY son as much as Emily is My daughter,"

Ziva and Tim turned from watching the fight in the corridor and Tim walked into Tony's room.

"Boss," Tim said. Gibbs did not answer he was as much invested in the fight between Fornell and Diane as Fornell was and he was bristling with anger.

"BOSS!" Tim grabbed Gibbs and turned him around, "Tony and Emily, They're gone!"

Diane's eye grew wide in shock and her hands flew to her mouth. Fornell ran in the room to see the fluid from the IV that had been in Tony's hand forming a puddle on the floor.

* * *

Carlos Sanchez smiled, he new he had been smart in taking this job but hadn't realized that taking a fed and a kid from a hospital would be anywhere near this easy.

When he had brushed by the annoying red head as he walked in the room, the two men hot on her heels had not even noticed him. However, the little girl had.

"Hello." She said.

He smiled, "Hi, this is Anthony DiNozzo jr?" He asked nicely.

She nodded, "He's my big brother, he's hurt." She said her lower lip quivering a bit.

"I know dear, He has to go for a test, are you coming, your mommy said you could." He added.

"I should tell mommy," Emily said worried,

"It's ok I talked to your mommy she said it would be good for you to help protect your big brother while he has these tests. I just have to put him in the wheelchair and then your mommy and daddy will meet us at x-ray." He smiled sweetly.

Emily beamed at the prospect of being able to look after her big brother.

"OK." She said and watched as Sanchez lifted Tony out of bed and into the wheelchair.

"Come on then," Sanchez, said, "Oh and mommy said not to interrupt her as we left"

Emily nodded understanding, "Mommy and daddy don't like it when I listen to their private conversations, I just wish they weren't always where I could here them."

Emily grabbed her bag and helped tuck a blanket around Tony as they slid quietly out of the room and headed towards the elevators.

She looked back over her shoulder to see her mommy and daddy and uncle Jethro all arguing, she shook her head and turned her attention back to following her brother.


	7. Chapter 7

A/N To those of you who have reviewed, favorited and put this story on Alerts, Thank you. I apologize for the delay in posting I've had a really bad case of the Flu which although started the ideas for this story It also eventually floored me last week. Between that and the fact that I am getting married in 18 days updates may be a bit slower than normal.

Disclaimer, Guess what I don't own this, I just steal it, play with it, put it back in the box and walk away whistling nonchalantly.

* * *

Chapter 7

Emily realized something was off as soon as they got in the elevator. She had seen that x-ray was on the third floor and the orderly was hitting the button for the basement.

"You gotta cell phone kid?" Carlos asked still smiling.

Emily shook her head, "Mommy says not till I'm 13."

Carlos smiled this was getting easier and easier all the time. He was pleased, he'd do what he had to but he hated scaring kids and little girls even less. Let her get scared when he had left, at least he would not have to see it.

Tony groaned as the wheelchair bumped over a grate and Carlos parked him and Emily in a room, He left her some water and a bag of chips and turned towards the door, "I'm just going to get a doctor." He grinned and walked out of the room. Within seconds, he had locked the door and switched out the light from the outside.

Emily banged on the door, "Hey let me out!"

Fighting rising panic from the lack of light Emily took a deep breath. Ok so she hated the dark but there were more important things to worry about.

"Tony?" She said gently shaking him. "Tony I need you." She cried burying her head under his arm so she could feel comforted by her brother.

"Em?" Tony groaned. He could feel her crying and knew he needed to wake up to help her only every fiber of his being, protested at having to move.

"Oh God Em, has he got you too!" Tony panicked.

"No Tony!" Emily looked up at her brother. "We're in the hospital; a man took us from your room and locked us in down here. I'm scared." She told him.

Tony groaned and opened his eyes "D'ya have your phone Em?" he asked.

Emily nodded and fished in her backpack. "It's only got one bar of power left I was listening to music on the way down trying to drown out mom's moaning." She admitted with a small grin.

She handed him her phone and even though he was seeing double even he could see there was no signal.

"There's not enough power for a call Em, I'm gonna send dad a text. Where are we?" He asked

"Basement…I think still in the hospital." She told him.

He sent a text anyway hoping that it would send if the phone picked up a signal for a second or to after he pressed send the light on the phone went out.

* * *

Emily sat on his lap and hugged him, "Did it go?" she asked.

"I'm sure dad got it and he'll be down here to get us out before you know it kiddo." He smiled and wrapped his arm around her trying to comfort her even though he did not entirely believe it.

Tony nodded off as the pain became too much to bear, Emily moved to the floor took her jacket off and sat on it. As Tony whimpered in his sleep, Emily started singing all the songs her mom and dad had sung to her as a kid. Hearing her voice Tony settled.

What seemed to be hours later Tony stirred again, "Em…Emily?" He called.

"I'm here." Emily replied reaching up and taking hold of his hand.

"How long was I out." He asked.

"I dunno, it's dark I can't see my watch…but dad'll be here soon."

Tony bit his tongue he wanted to remind his sister that they were only in the basement a five minute journey from his hospital room, Ten if they took the stairs, but he knew that snapping at his little sister would only upset her and he loved her too much to ever do that.

"So squirt did I hear you singing?" He asked trying to keep her spirits up.

"I did" he could hear the smile in her voice, "I sang all the songs mom and dad taught me and the new songs I'm learning in choir."

"Wow they must have been really good songs, coz I'm feeling loads better." He told her.

"Really?" She asked hopefully

"Have I ever lied to you?" He asked

She was quiet for a moment …."Tooth fairy. Monsters in my closet, the great pumpkin, FBI Halloween candy tax?" she reeled off with a slight smirk in her voice.

"Hey I wasn't responsible for the FBI candy tax that was all dads' idea," Tony said sounding shocked.

"Yeah but what about the NCIS candy tax that followed."

"Point taken," he admitted.

She giggled and hugged him carefully.

He sat and listened as her breathing evened out and he was sure she was asleep.

"Shit," He breathed to himself as he tried to get her phone to work again. However, there was nothing.

He had gone through everything in his head but he had no idea why they were there, He had been rescued from father and knowing his dad and Gibbs father was probably dead, well he hoped so anyway. He knew if father weren't dead then his dad and Gibbs would be hunting him down.

Maybe this had been a back up plan.

A terrifying thought ran through him, what if this was a back up plan, but father was dead and no one was coming.

He allowed a tear to escape as he fought the emotions within him, he was not upset for himself he was in pain and right now dying would be a lot less painful, but Emily was a kid and he had failed in his job to protect his little sister.

* * *

Gibbs and Fornell stood in front of the security office.

"I want to see that footage now!" Fornell growled.

"Data protection means you can't see it without a court order," The security guard said without even looking up.

Gibbs pulled Fornell back and walked up to the security guard "Listen right now we have a missing nine year old girl an a missing federal Agent. You can either let us see that footage now and we find them or something happens and I charge you as an accessory and leave you alone in a room with him." He said pointing at Fornell.

"Don't look like much." The guard said.

"The Federal Agent and the nine year old…They're his kids. He's shot people for less." Gibbs said and held back a grin as the guards' cocky demeanor waivered.

"OK," He said and cued up the information.

"You're lucky," Gibbs said as Fornell went to get McGee,

"How so?" the guard asked.

"Could have set the kids mother on you." He said pointing towards a furious Diane who was tearing a strip off a nurse.

"MY DAUGHTER WALKED RIGHT PAST YOU WITH HER BROTHER IN A WHEELCHAIR, HE WAS YOUR PAITIENT HOW COULD YOU NOT SEE ANYTHING!" She yelled at the poor woman who looked like she was going to break out in tears.

"Come on Diane, let us do our jobs and find them." Tobias guided his ex-wife over to a chair as Gibbs gave her a cup of tea, "That'd better not be coffee Leroy?" She snapped.

Gibbs handed her the drink and gave Tobias a look, "My team will deal with this." He said to her. Diane gave him a filthy look as both men turned from her.

"Why do I have to stay with her?" Tobias moaned wanting to be out there searching for his children.

"She's the mother of your daughter, she needs you," Gibbs said

"What I need is Victor here and you two jackasses off finding my daughter and that boy." She snapped and picked her phone up to call Victor. "Damn, no signal, I'm going out the front of the hospital to see if I can get a signal." She stormed off and Gibbs signaled to Ziva to follow her.

* * *

"Boss, I ran facial recognition on the man who took Emily and Tony his name is Carlos Sanchez he's a petty criminal, never been arrested for kidnapping this is totally out of character for him."

Gibbs looked at the mug shot. "Ask around McGee see if anyone has seen this guy. Tobias does Emily have a phone?"

"Sure Tony got her one last year for her birthday." Fornell told him.

Gibbs nodded, "Give me the number" He took Fornell's phone and looked up Emily's number, "Abbs, Need you to try and trace a number for me a missing child," He said deliberately not mentioning Tony.

"I'll have to get back to you Bossman, the phone is switched off I'll keep the programme running if it is switched back on then we will know where it is." She told him.

Gibbs hung up; he paced up and down waiting for Abby to get back to him or for McGee to come up with more information on Sanchez. This was the part of the job he hated the waiting, the part which Tony would usually fill with an antic or anecdote that would sometimes even solve the case, right now he missed his SFA.

* * *

Tony jumped as Emily sneezed, it was still dark and cold in the room and his little sister was starting to shiver in her sleep.

There was a bang in the distance and footsteps walking deliberately down the hallway, Tony wanted to call out for help but his gut stopped him.

The footsteps stopped outside the door and a key turned in the lock.

"Miss me?" Sneered Senior as he opened the door.

Tony froze and shifted Emily so he was between her and Senior.

Upstairs Gibbs' phone beeped.

"Son of a bitch!" He said as he looked at the message and set off at a run meeting Fornell at the elevator.


	8. Chapter 8

A/N Thank you for all your reviews to the last chapter, I really appreciate all of them. This chapter is dedicated to Meilea2010 who kicked me up the butt to get this chapter out today. I will try and post at least one other chapter this week.

Disclaimer...sneaked into the bullpen and found the rights in Gibbs' desk am now being chased from the building by the security guards but i have them! LOL

* * *

Chapter 8

"You got it too?!" Fornell said as he ran into Gibbs.

"I got a text from a cell phone that said basement." Gibbs replied,

"Tony must have sent it to both of us using Emily's cell phone." Fornell said, "That's her number."

Tim caught up with them, "They are in the basement, take the stairs, If Senior is there I don't want him getting away." Gibbs said.

Tim nodded and headed for the stairs.

Emily woke up as Tony shifted her behind him.

"Tony?" she said confused and looked towards the door. The light behind the man in the door hurt her eyes.

Tony turned towards his sister but never took his eyes off the man at the door. "Em I want you to get over there and stay down and put your hands over your ears ok?"

Emily looked scared but nodded.

She went over to the desk in the corner and hunkered down behind it and covered her ears, she was shaking and scared and let a small whimper escape.

Seniors face smiled at the scared sound that had escaped from the child he took a step towards her.

"NO!" Tony said painfully pulling himself out of the wheelchair and standing in between his father and his sister. "You do NOT get to touch her…..EVER!" he said

"Her….I don't want her," He shrugged, "Didn't want you either, but YOU had to stay alive, Then you ratted me out to the FEDS…..I DID TIME BECAUSE OF YOU!" He yelled and backhanded Tony who lost his balance and fell down. Tony looked up and saw Emily looking scared back at him. He grinned at her, winked, and turned to Senior.

"You know a lot has changed about me since you had me, I have a great father and a great family and I know who I am and NONE of that is down to you." He said pulling himself back up.

"I AM YOUR FATHER YOU SNIVELING LITTLE BRAT!" Senior yelled at him and hit him again.

"I don't think so." A voice behind Senior said, "Step away from my son before I do something you'll regret." Fornell said leveling his gun at seniors head.

Senior twisted and grabbed Tony in a head lock and used his body as a shield "I don't think I'll be coming quietly." He maneuvered himself between Fornell, Gibbs and the door. Holding a gun to Tony's temple, he moved himself and Tony into the corridor.

"Dad…Check on Emily, she's behind the table." Tony said

"Shut up!" Senior snarled.

Fornell turned and picked up Emily and motioned to Gibbs to follow Tony as he was taken out of the room.

* * *

"Emily?" Fornell said. Emily flew into his arms and sobbed, "Daddy that man hurt Tony but he wouldn't let him near me. He said you weren't his daddy?"

"It's ok Em, He's just a bad man, and I need you to be brave for me for a little while longer. Can you stay here, listen to this." He said and handed her, her IPod, which she put in the earphones and turned the volume up high and she crouched in the corner.

"See, He's with his daughter he doesn't care about you, no one does." Senior told Tony as Fornell walked into the room to look for Emily.

"She's nine and she needs him." Tony protested

"She's his blood and not a failure like you, that's why he's there. He may have taken you in out of some false sense of duty, but he doesn't and couldn't love you." Senior sneered in his ear.

Although Tony knew the words were false, the feelings that accompanied them were real and with the pain Tony was already in, he could not help but whimper.

Senior sniggered at the sound Tony made.

"No matter what he says he will always be there for her first, she is his child, you're just my cast off, a useless whelp, How you managed to become a federal agent is beyond me, I would have thought by now someone would have realized that your faking it."

"He is the best Agent I've ever worked with, now let him go." Tim said emerging from the stairwell holding his gun to seniors head.

"Oh so I let him go and you shoot me, you got the wrong DiNozzo boy, he's the stupid one." Senior spat. He looked at both Gibbs and Tim holding a gun on him and he backed up towards the elevator.

The doors opened and suddenly Senior was seeing stars and there was a gunshot. Both Tony and Senior fell to the ground.

* * *

Tim looked at Gibbs he had not fired and he looked back in shock to find Diane standing there holding her handbag still in mid air where she had hit Senior over the head with it.

"Tony!" Gibbs called and checked on him a small amount of blood fell down the side of his face where he had been grazed by the bullet.

Senior was lying unconscious on the ground, as Diane kicked him. "That'll teach you for taking my little girl." Then she turned to Gibbs, "That was the guy who took Emily wasn't it Leroy?"

Gibbs smirked, "Yes Diane, she's down the hall." He pointed to the room Emily was in with Tobias as he helped Tony up.

With a small glance in Tony's direction, she hurried towards her daughter.

Gibbs helped Tony up and placed a cloth to his head. "Gotta get ya patched up DiNozzo." He said.

Tony looked up and saw Fornell and Diane coming out of the room with Emily in between them.

Tony looked at them both sadly but said nothing. "I'll head up and get this patched up," Gibbs went to put a hand on Tony's shoulder but he shook it off and walked towards the stairs pushing past McGee and slowly heading up.

Gibbs bent down and put the cuffs on senior, "Take him in McGee," he said as he helped Senior to stand.

"I need medical attention!" Senior argued,

"Just be grateful she didn't use a nine iron!" Gibbs smirked as McGee took Senior towards the elevator.

"You'll get it soon," McGee said, "I'll take you upstairs and after Tony's seen the doctor I'm sure they can see you."

"Why would he need a doctor?" Senior sneered.

"Maybe because you shot him." McGee replied.

"Waste of resources if you ask me." Senior said.

"I didn't!" McGee snapped and herded him towards ER.

* * *

Tony sat on a gurney in the emergency room. He had hoped that as soon as Emily had been rescued that his dad would come up. He knew Emily was more important as she was younger and this was a shock for her. However, a small part of him had latched onto what Senior had said and his insecurities where starting to take root. What if his dad was mad at him because he had gotten Emily into danger?

He felt his walls and defense mechanisms starting to take root. He sat on the bed and pulled himself as far from the door as he could.

The nurse came in and bandaged his head, after a few false starts at making conversation she gave up and just gave him his painkillers, which he took without complaint.

He lay back on the bed and closed his eyes, at least if anyone came in they would think he was sleeping and could ignore them. He thought while trying to figure out what his next move would be.

He lay quietly as he heard the door open. He hoped it was Fornell or at least Gibbs, but it was Diane.

"I know you're awake." She said leaning over him. "I just wanted to let you know I am seeing my lawyer, I was right you shouldn't be allowed near Emily, she was put in danger because of you. I don't want you seeing her again." She said.

He opened his eyes in shock and was about to protest when she held up her hand.

"Don't even think about it, she may have been told you're her brother, but this proves to me that you're not. If you were, don't you think Tobias would be with you rather than her? Don't be surprised if he doesn't want you near our daughter either." She left the room with a smile on her face. Finally, she had gotten revenge on both Leroy and Tobias now all she had to do was pick up Emily wait for Victor and go home.

Tony sat there in shock, after all that had happened this confirmed everything for him.

He grabbed his clothes and pulled out the I.V. the nurse had placed in his hand.

He wrote a note for Gibbs and placed it on the bed and left.

The note said two words….I QUIT!


	9. Chapter 9

A/N Thank you to everyone who has reviewed and favorited and alerted this story.

I will not be posting a second chapter until late next week as i am finally getting married on Saturday to my marine * Fan girl squeals*

So will obviously be a little bit busy.

Anyway I hope this keeps you all going until then, I hope you all have as AWESOME a week as i am going to :)

Disclaimer...I DON'T OWN AND I DON'T CARE, I'M GETTING MARRIED :D

* * *

Chapter 9

Tony left the hospital quietly, he had thought about going to either Gibbs or his dad. However, the last thing he wanted was to be perceived as a whiney baby. His dad HAD stayed with Emily, he HAD put her in danger, as it was his father who had attacked him and had her kidnapped.

Feeling worthless, he walked away from the hospital, away from his job, his family and any future danger he might put them in.

Granted he already hated Diane and he knew she did not like him. Nevertheless, her words had hit home and he knew she was right, Senior was still alive and even though he was in custody, what was to stop some idiot of a judge from deciding that Senior was the aggrieved party, setting him free to come after him again.

* * *

Fornell sat with Emily waiting for Diane to come back. An hour after she had left she walked in the door. "Where the heck have you been?" He asked mindful of his language as his daughter was dozing next to him.

"I had to call Victor and my lawyer…I'm suing for full custody of Emily, your involvement with that boy put my daughter in danger and I won't allow that….although, now he's left I may change my mind."

Fornell pulled her out into the hallway, "What the hell are you on about Diane?"

"I told the boy a few home truths, he needed to hear them," She stated as Gibbs came up behind Fornell.

"You ok?" Gibbs asked.

Fornell shot a pointed look at Gibbs, "Fine Jethro, how's my boy?"

"I was hoping you would tell me, I've been booking Senior. I wanted to get him processed and shipped out as soon as possible." Gibbs said confused.

"So Tony's been alone?"

"No I stopped in to see him and informed him where he stood in this family."

"DIANE!" Fornell said and ran towards Tony's room.

He pulled up short when he realized the room was empty as he started to walk towards the bathroom to see if Tony was there, he noticed the note on the bed addressed to Gibbs.

Gibbs looked at it and whirled on Diane, "WHAT. DID. YOU. DO?" he growled menacingly.

Diane pulled her self up to her full height and put her hands on her hips, "I informed him that if Tobias really thought of him as a son he would have been there for him when he wasn't and that he wasn't Emily's brother, which I might add, is true. In addition, I told him he should stop putting people in danger for his own mistakes, this feud was between him and his father, they should just sort it out before putting my family in danger. He's a grown man he doesn't need either one of you." She stated haughtily

Gibbs physically grabbed hold of Fornell as he tried to lunge at her, "You NEVER bothered to find out what he went through, you've just stoked up all his biggest insecurities and ripped him away from the two things he cared most about in his life!" He yelled. "On top of that he has a head injury and is probably on pain killers so he's not thinking clearly!"

"He walked away I did no such thing." Diane insisted.

"Why?" Gibbs asked, distraught that she could do something like this knowing how both men cared about Tony.

Diane whirled on him, "Because Tobias has always put Tony before me, and you always put me second after Shannon but you were always there when Tony needed you!"

Gibbs stood there floored, of all the reasons she could have come up with she came up with that!

"He's my son, you stupid woman and you just put him in danger, I'm going to find him and then I will deal with you!" Fornell hissed and walked out of the hospital.

* * *

Tony walked up to the departure gate at JFK, "Sir are you sure you are ok to fly?" the attendant at the gate asked.

Tony smiled at her and flashed his badge, "Federal Agent, undercover…" He hissed conspiratorially, the attendant looked alarmed.

"Should I get security sir?" she asked.

"No, its ok the suspect isn't a threat, but he knew what I looked like so this is all make up." He said quickly. "But we need to keep this quiet."

She nodded, "I will inform the other attendants of your status,"

"Thanks I just need to find a seat in the back, he can't go anywhere on a plane so I will just use that hour to sleep."

The attendant nodded and showed Tony to a seat in the back of the plane.

Tony strapped himself in and slept all the way to Washington.

As soon as he landed, he walked off the plane and jumped in a cab to his apartment.

He walked in, locked his door picked up a bottle of scotch, packed a few things into a bag and placed it on the kitchen table then he walked into his room, and started drinking. 'Just one' He thought 'It will ease off my headache and then I'll pack the rest of my stuff and get out of everyone's life,'

He took another drink, then another and before he knew it, he was passed out on the bed.

* * *

Fornell had searched all around the hospital, but there was no sign of Tony, he went back inside and made a call to his office.

Gibbs turned as Fornell strode in.

"Any sign of him." He asked hopefully.

"None." Gibbs said. Fornell had another idea but unwilling to leave Emily's side he used the phone in her room.

"Mrs. Michaels….It's Tobias, Tony's dad, I've been trying to get hold of him have you seen him recently?" Fornell waited… "He is, Thank you…..no, no need to knock I'll be there soon." Fornell replaced the receiver.

"He must have caught a plane back to D.C. He's at his apartment….Gibbs I need a favor…" Fornell said.

* * *

An hour and a half and a plane ride later, Fornell arrived at his son's apartment with Ducky in tow.

"Thanks for this Ducky, I know my son and there's no way he's sought treatment for that head injury." Tobias said whilst looking in his pocket for the key, "Jethro is keeping Emily in protective custody while I sort this out and then get a judge to award me custody. Diane is not going to get away with it."

Ducky could see the anger in the other man's face, although he did not want to get involved in his domestic issues he found himself yet again playing the role of devils advocate.

"Tobias, maybe removing young Emily from her mother might not be the best thing for her, maybe when Anthony is safe, you could go to family counseling."

As much as he hated the idea, maybe Ducky was right, Fornell nodded and quietly opened the door.

"Tony?" Fornell called as he entered his sons' apartment.

* * *

Tony stirred as he heard someone enter his apartment; inebriated as he was he still had his back up senses that told him that there was an intruder.

He reached under his pillow for his gun.

* * *

Fornell saw Tony's bag half packed on the kitchen table and a seal from a bottle of scotch but no glass.

"Anthony?" Ducky called.

Fornell headed towards Tony's bedroom.

"Tony…You ok?" He asked.

He pushed the door open slowly.

* * *

Tony found himself shaking he could hear people moving about his apartment then he heard someone call "Anthony?"

His shaking increased, 'Shit! Senior got out and found him already!' he thought.

He pushed himself as far into the corner of the room as he could, federal agent or not he couldn't quell the terror that was rising within him, and he found his hands shaking as he raised the gun.

"Tony? You ok?" the voice said from the shadow that stood at the door.

"Noooo! Go away!" Tony groaned as his head swam and he pulled the trigger.

He dropped the gun after one shot, the sound of gunfire, his head injury and the alcohol combining to make him disorientated enough that he collapsed holding his head.

The man in the doorway staggered and held his arm but still came towards him.

"Tony….Son?" Fornell said as he knelt down beside him.

Tony waved his arms in defense, "Not your son," He groaned trying to move further away.

Ducky knelt beside him, "Anthony I need to look at your head injury, and will you let me do that?"

"Ducky? No I have to leave before my dad comes; I have to go….save Emily."

"Your father is here Tony and Emily is safe." Ducky tried reassuring him.

"No…Ducky, get away, find my dad….Tell him, tell him I'm sorry, I didn't mean to destroy his family." Tony's voice cracked as he started to cry.

"I'm here son," Tobias said and he wrapped his arms around Tony wincing as the graze on his arm was stretched.

"Diane…You can't be here, she's going to take Emily, I put her in danger." Tony sobbed.

Fornell was worried Tony never ever got this upset.

"It's alright, I've just given him a dose of morphine, he'll be a bit strange for a while but I should be able to treat him adequately." Ducky informed him.

"Diane was wrong, it wasn't your fault, you are my son I love you and no one will take you from me again, do you hear me…?"

Fornell lifted Tony's face so his son had to look him in the eye. Behind all the pain and doubt Fornell saw there was a hint of hope again.

"I said do you hear me?" He reiterated.

"Yes dad." Tony mumbled.

Fornell allowed himself a small smile. "Good enough, now bed young man. Ducky has given you some strong medication, get some sleep."

Tony lay back on the bed and Fornell tucked him in and kissed his forehead.

"Night dad." Tony mumbled.

* * *

Fornell smiled and closed the door, as he did so he went as white as a sheet, "Ducky?" he called quietly.

"Yes Tobias." Ducky replied as he put the kettle on in the kitchen.

"I think I could use a hand." He said and showed Ducky his bloody arm.

"He shot you!" Ducky said.

"I think it's a graze," Fornell said feeling slightly sick.

Ducky cut away Fornell's shirt. It was just a graze and Ducky quickly patched it up.

Fornell nodded as Ducky worked giving him permission to fix his arm and he called Gibbs.

"Tony's safe he's here….yeah he was running, bring Emily back here. We'll deal with Diane later; I think Tony needs to see his sister's safe."

Fornell waited as Gibbs grumbled down the phone.

"He can't talk to he because he's out cold on morphine. I'll see you in a few hours." Fornell grinned and closed the phone.


	10. Chapter 10

A/N Thank you for all the faves, alerts and reviews on this story, I would apologize for the delay in getting this chapter out...but there's a rule against it, :P

Disclaimer : I don't have the rights to NCIS, I had them...A chipmunk ate it :)

* * *

Chapter 10

Tobias woke up to the sounds of Tony having a nightmare, he walked into his room and stroked the hair on his forehead to settle him the same way he had when he was a child.

"Dad?" Tony murmured

"It's ok son, you're home and safe." He said.

Tony opened his eyes wide remembering what Diane had said. "Why are you here?" He snapped.

"For you son," Tobias was confused. "Where else would I be,"

"Emily needs you, you should be with her, she's your child." He replied. Shrugging off Fornell's hand.

"So are you, Gibbs is bringing Emily back with him, you need to rest son." He winced as Tony grabbed his arm.

"Dad? What happened to your arm?" he asked.

"Nothing, just a sprain," Fornell said, "Now what on earth were you thinking, getting on a plane by yourself in your condition and coming home alone."

"I…..Nothing…" Tony's voice trailed off. "I wasn't thinking... I"

"You weren't were you?" Even though Tobias wanted to be understanding, the parent in him kicked in and the anger at himself, Tony's stupidity, Diane and the whole damn situation flared up. "You could have died! You were not cleared to fly on a plane! You had a head injury! God! You were so out of it when we got here you shot me, do you even think sometimes! What am I going to do with you?" Tobias' voice got louder and louder the frustration getting to him he had not even realized what he said.

Tony sat listening to his father in horror. "I…..I shot you?" He said in a small voice. He shook his head. "No, it's not true….I shot Senior….but not you, never you!"

"Son," Fornell said crouching down to his level, "It was an accident just a graze. I'm fine, it wasn't your fault."

Tony suppressed a sad laugh; sure, it was not his fault. Diane was right he was a danger to his family.

Tobias watched all the emotions cross Tony's face in a matter seconds the morphine making it impossible for him to hide what he was feeling.

"Tony stop it," Fornell hugged his son knowing it was what he needed and sat with him until he fell back to sleep.

Gibbs and Emily pulled up outside Tony's apartment.

Emily grabbed her stuff and pulled out her key to the main door, "Come on Uncle Gibbs." She called running up the stairs to his apartment.

Gibbs followed only slightly slower.

Emily opened Tony's door and dropped her bag inside, "Dad! Tony!" she called. She pulled up short as Ducky emerged from the lounge.

"Emily, Your father is in Anthony's room right now and he's getting some rest." Ducky said trying to herd the small girl into the lounge. She ducked under his arm and ran for Tony's room, "Daddy, Tony?" She called quieter as she entered Tony's room to see her brother stirring his head in his dad's lap as Tobias dozed leaning against the wall.

"Emmy?" Tony said and opened one eye then lifted his arm so she could snuggle next to him. "You ok?" He asked groggily the morphine still affecting him.

Sleepily Emily nodded and closed her eyes.

Gibbs opened the door a crack and looked in on the sleeping family. He smiled at the sight of them looking contented all together and he vowed to help his friend do everything to keep them all together. He closed the door and head to the kitchen for a coffee and a sit rep from Ducky.

* * *

Diane walked into her lawyer's office. She had received a text from Fornell informing her that he intended to file for custody of Emily and that for now she would be living with him. She slammed a file down on Aria Goldstein's desk I want my daughter back and all access cut off between her and that boy he calls his son.

Aria looked at the file and smiled, "I think not only can we do that but your ex-husbands adoption of Anthony DiNozzo, may have been illegal." He said.

"If that is the case, then we can get Tobias for negligence as he allowed my child to stay at Anthony DiNozzo's apartment overnight." She said seizing the idea like a rabid dog with a bone. "In fact I think Emily is there with him now. Can we get an emergency hearing; I want my daughter away from him?" She asked and then proceeded to tell him about the last few days and how Tonys' biological father had arranged for them both to be kidnapped and how she had been in danger.

Aria looked at her, "Mrs. Sterling, you do realize that proceeding straight away will cost a great deal of money?"

Diane pulled out Victor's bank statements and slammed them down on the desk.

"Somehow I don't think that will be a problem, Victor is right behind me and has offered all the money I need to get Emily home safe to me where she belongs." She told him.

Aria eyed the bank statements and smiled, "Yes Ma'am, I'll get right on it."

* * *

Tony woke up shaking and Emily pulled the cover over him.

"Tony? It's ok you're home now."

"Feel sick Emmy, get dad?" Tony said and vomited over the side of the bed,

"Yuck!" Emmy screeched and ran out of Tony's room and into the lounge where the older three men were drinking coffee. "Dad….Tony's just puked."

Fornell put his cup down and headed for the bedroom with Ducky and Gibbs in tow,

"Hey son," He said and got a towel to clean up Tony and then the floor.

"Dad….feel really sick and dizzy," Tony groaned closing his eyes and leaning back against his headboard.

"Ducky?" Fornell asked concerned for his son's well being.

"It's a side effect of the morphine, it should wear off soon." Ducky said as Tony groaned.

"DAAAADDD!" Tony protested as Fornell proceeded to wipe his sons face and forehead with a cool towel. "I can do this myself; Ducky said I'd be fine."

Fornell grinned looking at Jethro, "So the big bad NCIS agent doesn't need his dad anymore," he teased.

Tony opened his mouth to reply and promptly threw up again.

"Its ok son we've got you." Gibbs said as he and Tobias supported Tony.

They laid him back down on the bed.

"I think this brand of Morphine is going on the NO list as well." Fornell told Ducky.

"The NO list?" Gibbs asked.

"The under NO circumstances should we let Tony have this list, for his medication, it's really quite extensive," Ducky said. "Some like this one make him sick, some make him loopy and two bring him out in hives."

"OH!" Gibbs said lost for words.

* * *

Diane stood in the courtroom as the judge granted her an interim custody order for Emily.

"So we have a custody order for Emily Fornell and an arrest warrant for Anthony DiNozzo as we think he took the child from the hospital when he left," Aria lied to the judge.

The judge nodded, "So ordered. Emily Fornell will be picked up by the D.C. police and Anthony DiNozzo will be detained on the charge of possible kidnapping, we will reconvene here in a week on the 15th." He said.

Diane dabbed at her eyes, "So they will bring my baby home to me?" She sniffed,

The female judge smiled kindly at the woman, "Yes Mrs. Sterling your child will be with you by the end of the day,"

"Thank you your honor," She said dabbing at her eyes, her hand covering the grin she was desperately trying not to cross her face.

Aria led her out of the courtroom, "I could get disbarred for this," He whispered, "If that happened the 1.5 million Victor will pay you should be adequate compensation." She sniped.

He smiled, "Yes, yes it will be."

* * *

Tony dressed in jeans and a t-shirt walked into the lounge, the three older men were discussing the day's events and Emily was eating a sub watching cartoon network on Tony's big screen TV.

"You feelin' better DiNozzo?" Gibbs asked.

Tony nodded, "yes thanks." He sat down and Tobias placed a glass of water in front of him, "Drink….Doctors orders," He told his son while looking at Ducky.

"DiNozzo, Fornell and I have to go and fill in Vance over this whole situation," Gibbs said.

"I gotta go just to make sure he doesn't mess up," Fornell joked as Tony smiled.

"Ducky will be keeping an eye on you, do as he says ok?" Gibbs ordered.

"Yes, boss," Tony, replied. He looked over at Emily and smiled. "Emmy can stay with me dad, I don't think you could drag her away from cartoons if ya tried,"

"Got that right!" Emily called from in front of the T.V without even looking round.

"Fine, do as your brother and Ducky tell you and I'll see you both later, and behave!" Fornell said as he and Gibbs left the flat.

"YES DAD!" Both kids chorused and Gibbs grinned at Fornell and he shut the door.

* * *

Ducky sat down to go through the paper and Tony sat on the sofa as Emily climbed into his lap.

"Wanna watch Ben10 with me?" she asked.

"Sure," Tony said, as he sipped his water, his stomach still not 100%.

They sat comfortably enjoying each others company until the peace was broken by the sound of a battering ram breaking down the door,

Tony motioned for Ducky and Emily to get behind the sofa and went for his gun safe.

"D.C. Metro…Freeze." A cop said holding a gun on Tony. As five other police officers entered holding guns on them, Tony instinctively placed himself between the cops and Emily.

Tony stopped confused and held his hands in the air. "Okay, okay, calm down I'm a federal agent." He said. "What the Hell is going on here," He asked as a wave of nausea washed over him

"Sure, ya are…" The cop said. "You Anthony DiNozzo?"

"Yes Very Special Agent Anthony DiNozzo NCIS." He said swaying slightly and handing the cop his badge.

"I have a warrant here for your arrest on the grounds of kidnapping." He showed Tony the warrant.

"What!?" Tony said as he read the details on the paper. "Evil witch queen," He said under his breath.

Emily walked up to Tony but one of the officers pulled her to one side, "You Emily Fornell?" she asked,

"Tony? What's going on?" she asked scared.

"Sorry Sir, but we have to arrest you on the charge of suspected kidnapping." The officer put Tony in handcuffs.

"Ducky, Call my dad and Gibbs," Tony said still calm.

As he was being led away, he doubled over in pain as a wave of nausea hit him again,

A woman walked past Tony and towards Emily, "Hi, I'm from child services, you are to come with me," She said to Emily.

"NO!" Tony struggled with the police officer, "I'm coming with you, please leave her with Dr. Mallard until our dad get's here."

"I read all about your father Mr. DiNozzo," The social worker said, "I would never leave a child with him, in fact we will be checking Emily out to make sure you never hurt her, people like you make me sick," She said nastily.

Tony pulled himself away from the officers and with a cry of rage and his hands still cuffed behind his back, he launched himself headlong at her.

Suddenly he felt a sharp pain and his world went black the last thing he heard was Ducky's voice,

"Jethro, You need to get back here, Anthony is being arrested for Kidnapping."


	11. Chapter 11

A/N Thank you to all those still reading and those of you kind enough to review.

I hope this chapter does not disappoint those of you who have been waiting for an update.

Disclaimer: I don't own...but I've Air mailed Santa my wish list...which includes to watch last nights clip with McGee, Gibbs and Fornell when McGee wakes up, again and again...funniest episode EVER!

* * *

Chapter 11

Tony woke up in a cell, his head throbbing and a man sitting watching him.

"So you're awake then?" he said,

"Where am I?" He asked, as he sat up a wave of nausea washed over him and he promptly threw up in the toilet in the corner.

"Holding Cell, D.C. Metro. Whaddya do?" the man asked.

"Nothing…I don't think?" Tony shook his head, why couldn't he remember why he was there. He lifted his hand and felt the bump at the back of his head.

"Names Frank, Drunk and Disorderly." The man said holding out his hand.

"Tony, Kid…HOLY CRAP! I'm in here for Kidnapping?" he exclaimed as he sat back heavily on the bench, "I'm sure I didn't kidnap anyone." He said quickly as Frank moved back.

"You sound like you need a lawyer mate." Frank said. "You remind me of my son; he's about your age and I'd be telling him the same thing, get a lawyer."

"Nope, I just need the FBI," Tony walked towards the cell bars, "COME ON, I'M ENTITLED TO ONE PHONE CALL!" He yelled down the corridor.

An older Metro cop sauntered up the hallway, "I'll decide what you're entitled to DiNozzo, just 'coz you're a fed don't mean you'll get special treatment."

"Don't want it, just my one phone call." He said staring down the cop. "Yep, can see it now, dunno how you managed to become a Fed, with your old man being a hood and all, you look just like him. We got him locked up down the hall; maybe we should stick you both together."

Tony took a couple of steps back, "He's here? But he was arrested in New York."

"Arrived last night, on route to FBI headquarters." The guard sneered.

"I need my phone call, please." Tony asked.

"Fine!" the guard snapped and unlocked the cell door to walk him to the payphone.

Tony picked up the phone and called McGee.

"Probie I need you, I'm at D.C. metro." He told him.

"Gibbs is on his way," Tim told him, "He got a call from Ducky."

"Ask him to bring Ducky too…I think I may need him." Tony said, "And tell him…..Senior's here."

"Will do Tony, and hang on in there we will get you out." Tim added quickly as Tony hung up the phone.

* * *

The guard walked Tony back to his cell, "We thought you'd like a reunion before you got shipped off separately."

Tony looked confused as the guard opened the door to his cell, Frank was there talking to another man who had been put into their cell. "In ya go." The guard pushed him in and locked the door.

"You get hold of someone?" Frank asked.

"Yeah Frank, thanks." Tony said. Walking towards the bench he stopped as the man in front of Frank turned round to face him.

"Junior!" Senior said with a sneer on his face.

Tony paled and back up to the wall as far from him as he could get, "No! . .no!" He said repeatedly as he sank down the wall.

"What's going on here?" Frank said, he was still slightly drunk but the man had a son about Tony's age and was instantly protective of the young man.

"Nothing to concern yourself about Frank," Senior said the threat evident in his voice. "My son is just surprised to see me."

"LET. ME. OUT!" Tony screamed hammering on the door, "You can't keep me in here with him!"

"I think I may need to be concerned, that boy looks scared to be near you." Frank stood between Tony and Senior.

Senior stood up and walked towards Frank smiling, "Now, Frank, you're as guilty as we are in here, do you think it's a good idea for you to get in between family business." He put his hand on Frank's shoulder in a comforting gesture and as Frank turned around, with a swift move he broke his neck.

Tony fell on his knees at Frank's side, "NO! You did not need to do that! GUARDS!"

"Now Junior, you know that wouldn't have happened if he hadn't become your friend." Senior said slamming Tony up against the wall by this throat, "Now shut up!"

The guard sauntered down the hall, "What's all the noise down here?" He asked and looked into the cell, "Bloody hell!" he exclaimed and drew his weapon and hit an alarm, "Move to the back of the cell and assume the position!" He ordered.

Both men did as ordered, "Junior you shouldn't have done it," Senior stage whispered

"WHAT!" Tony looked incredulous.

More guards flooded in and separated the two men. "Take them to interrogation." Another cop told the men.

* * *

Gibbs and Ducky turned up at the police station just as the alarms sounded.

Gibbs flashed his badge and they were waved through just in time to see Tony being dragged away from the cells to interrogation in handcuffs.

"Boss! Boss! I didn't do it Senior did it, you gotta stop him!" Tony called out.

"Shut up and keep moving." The cop said pushing him roughly.

"STOP!" Gibbs yelled and everyone stopped.

"Duck, take DiNozzo into this side room and check him out." Gibbs ordered, "I wanna see whoever is in charge here now!" he said and an officer ran off to get the captain.

Tony sat still in handcuffs and under guard in the side room.

Ducky looked at him and was worried by what he saw, "Anthony my boy what happened?" He asked.

"They…they put Senior in my cell, he killed Frank…He was a nice guy." Tony said his face neutral but his eyes sadder than Ducky had ever seen.

After all Tony had been through Ducky had to admit that he was worried for his young friend's mental state.

Ducky handed Tony a couple of painkillers, "These will help my boy for the pain, and these as well."

Tony took the pills without complaining.

"Take those off him." Ducky said to the guard.

"But he just killed a man." The guard said

"Don't be silly, Anthony is a federal agent and I would trust him with my life." Ducky admonished.

"He didn't deserve that, he had a family…all he did was talk to me and….God Ducky all he did was try and be a friend!" Tony bent over a trashcan and threw up while Ducky rubbed his back.

* * *

Gibbs stormed into Captain Hartwell's office. "Whose bloody bright idea was it to arrest my agent on what are obviously trumped up charges throw him in a cell and then put his bloody biological father in the same cell less than a week after the guy tried to kill him!" He raged.

"Who the hell are you?" Josh Hartwell stood up at the intruder hand moving towards his weapon.

"Gibbs, NCIS, DiNozzo's Boss." He growled.

"Well Gibbs, NCIS, We picked up DiNozzo on a court order for kidnapping a nine year old girl. Guys like him don't get special treatment in my jail." Hartwell growled back.

"That was his sister, he hadn't kidnapped her, My ex-wife is just more than a little bit twisted, and his adopted father is in court now getting the court order overturned. You read DiNozzo Seniors file, you know why the FBI want him here and you put him in a room with the kid he tortured as a child and again as an adult. That in my book makes you worse than what you accused my agent of… His only crime was having senior as a father."

Hartwell sat back down, "Ok Gibbs, fill me in."

An hour later, Hartwell and Gibbs were all smiles and left the office together.

"Simmons, DiNozzo Jr, let him go and give him back his badge and gun," Hartwell ordered.

"Sir!" Simmons said and headed in the opposite direction.

Gibbs and Hartwell walked into the room where Ducky and DiNozzo were waiting.

Tony was sat quietly on a chair as they entered; Gibbs' eyes narrowed his whole face radiated concern as Tony failed to look up.

"Jethro, Tony has concussion again, I'm afraid he will need an x-ray I fear he may have a slight skull fracture. Also I am concerned about him, he's very quiet." Ducky told his friend.

"We are just waiting on his badge and gun, Diane's petition for custody of Emily was overturned and she's being charged with obstruction of justice and wasting police time." Gibbs said with a slight grin.

"Agent DiNozzo, we are sorry for arresting you and for the incident that occurred while you were in the cells."

Tony didn't acknowledge the other man, but looked up with no emotion on his face whatsoever, "Can I go now Boss?" he asked flatly.

"Wait by my car DiNozzo." Gibbs said as he followed Hartwell to complete the paperwork, Tony walked blindly towards the exit and left.

"Watch him Duck, I won't be long, can you call Tobias, have him meet us at Bethesda." Gibbs asked.

Ducky nodded and turned to follow Tony out of the station.

The night air was cool and Ducky shivered as he stepped outside, "Alright Anthony, I'll just call your father…" Ducky started and stopped when he realized that Tony wasn't anywhere in sight.


	12. Chapter 12

A/N Thanks for the reviews, It occurred to me from your feedback that you guy thought I was gonna have Tony kidnapped again...Na, it's nearly Christmas and even I'm not that mean...i think :P

Disclaimer: It's not mine and I'm broke...but when I win the lottery guess what I'm gonna buy first :)

* * *

Chapter 12

Tony walked down the steps at the precinct and kept on walking. He had vaguely heard Gibbs telling him to wait, but ever instinct he had just told him to get away go where it was safe. Therefore, he just walked, nothing else around him registered. A few times he crossed streets narrowly avoiding being hit by cars, but even the sound of their horns warning him didn't stop his feet from going in the direction they were headed, all that was going through his brain was move, go just get to safety.

He soon found himself outside a dark house, he opened the door and let himself in and walked down the stairs to the basement, moved to the corner and sat in the dark. Now he was safe, now no one was watching he cried all the emotion of the past few weeks finally pouring out of him, added to that some of the emotions he had kept in from his childhood, he cried for his mother, for J, for Frank, for the kid he could have been. He cried, sobbed and wailed until it was all out of his system and all that were left were his masks, and then he just sat and waited.

* * *

Ducky looked confused, he knew Gibbs had told Tony to wait by the car. He looked up and down the street to see if Tony was in sight. However, there was no sign of him. Gibbs came down the steps and looked around. "Where's Tony?" He asked.

"Jethro, I don't know. I came out and Anthony was gone." Ducky said. "Given his current state of mind he could be anywhere."

"Shit!" Gibbs exclaimed and opened his phone, "McGee, Track DiNozzo's cell." He said and closed the phone. "Fornell's on his way here, I don't wanna tell him Tony's gone again."

"He's what!" Fornell said from behind him.

"I'm sorry Tobias, I was only a few seconds behind him, and he just wasn't here when I came out." Ducky explained.

Gibbs' phone rang again "Gibbs… Yeah…really? Thanks McGee" He hung up again. "He's at my house." He said and they all got in Gibbs' car.

Driving at his usual breakneck speed, with Fornell thinking he was going to slow and Ducky wondering if he would survive the ride, they arrived at Gibbs' house.

"Anthony!" Ducky called out as they walked on the porch, the front door was wide open.

Gibbs ushered Ducky behind him and he and Fornell entered first with their guns drawn.

"DiNozzo?" Gibbs called.

"DiNutso! Tony!" Fornell called.

A noise came from the basement and Gibbs motioned to Fornell to check it out. "Wait here Duck." Gibbs said quietly.

Fornell went down first and saw his eldest child sitting in the back corner of Jethro's basement huddled in on himself.

He holstered his gun and ran across the room.

"Tony! Son are you alright?" He asked.

Tony stared straight ahead, Fornell could see where his son had been crying and the fact that although his face was impassive his hands where balled into fists holding onto the edges of his suit, just the same way as he used to be when he had night terrors as a child. As big as he was he was still his son and Fornell maneuvered Tony until they were side by side and he put his arm around him. He looked up as Gibbs came down the stairs and mouthed 'Get Ducky' to Gibbs who nodded and left. He then turned his attention back to his son.

"It's ok Tone, Daddy's here, you're safe now." He said whilst rocking him gently and stroking his hair, just as he had when he was younger.

Slowly Tony's hands unclenched and Fornell started to relax.

"Atta boy, come back to me." He said and looked up as Ducky entered.

"I think he's had another breakdown Ducky." He said quietly as Tony's eyes fluttered and he finally relaxed his head on his dad's shoulder and fell asleep.

* * *

Fornell took the pillow and blanket Gibbs had brought down and gently laid him down on it so he could relax.

Checking his son was safe and comfortable Fornell ushered the others back upstairs.

Ducky sat and waited until the others were sat too.

"Another breakdown Tobias?" He asked.

"He was thirteen the last time; I had just gotten him back after his adventure in New York. We had just started family therapy, it was recommended by child services after all Tony had been through at the hands of…his….Senior." Fornell said stumbling over the word father.

He hated talking about this and although he had promised Tony, they would never mention it, he knew now, for his son's best interest he needed to disclose what had happened years ago.

"As you know Tony hides his emotions, it's a defense mechanism from where he lived with** him. **He was not allowed to show any emotion or he was beaten for it. So all the pain he suffered from his abuse and from the death of his mother was stored away. After I found him again and he came, home he was starting to settle when something a therapist brought up hit a nerve and he lost it. Tony has a violent temper, just like his father. He keeps it hidden and hates it when he loses it. His temper in conjunction with all his other emotions and the fact that he had just learned that I had to send him to RIMA for a semester broke him." Fornell stopped hating the fact that he had just admitted to unintentionally hurting his son.

"They found him in his dormitory one morning, just like he was downstairs, he had disappeared from class, just walked out, the whole cadet class had spent the night looking for him, there had been reports of an animal howling in the dormitory that night…..it was my boy," Fornell stopped as his voice cracked.

"All of it every emotion he'd had since he was born just escaped and he found a closet in the back of the dormitory he was billeted in and had made that his 'safe space' and just gone back there on autopilot. I was called and he was under sedation for a week until he responded. As soon as he was well I took him home, I have to make him express his emotion so this doesn't happen, but so much happening to him so fast meant this time I didn't get there in time….I failed him." Fornell stopped and looked at the flames in the fireplace.

"You didn't fail him, considering what happened to him before you found him a breakdown of this sort was inevitable in fact I was surprised he hadn't had one before now." Ducky admitted. "Let him sleep now and if he need sedation later, we will give it to him."

"We'll move him to my spare room," Gibbs offered, "Why do you think he came here though as opposed to your house?" Gibbs asked Fornell.

"Diane. She has been in my house he probably associated it with her and what she had done. He has always thought of you and your house as his 'safe space'. When you went to Mexico he stayed here often, mostly missing you and second-guessing himself, but it was where I found him when he was most troubled, you mean a lot to him Jethro. He doesn't trust many people, in fact apart from Emily and that Palmer kid I think everyone else he trusts is in this room right now." Fornell told them.

"Speaking of young Emily How did the court hearing go?" Ducky asked.

Fornell just grinned. "I had Matt Wyatt and Jason Carder from our lawyer pool meet me there and outlined the case. Diane is under arrest for wasting police time and so is her lawyer Aria Goldstein has been disbarred and charged for impeding a federal investigation and filing false warrants. With that and I heard Senior is going down for murder, I think my son is finally going to get some peace."

Gibbs nodded in approval, "So I take it you have custody of Emily."

"Yeah, there was only one complication, Tony's adoption papers, Senior hadn't signed them so they technically were invalid, and Diane was right on that one, but the judge sorted it out and we re-filed for his adoption and it was granted retrospectively. All I need now if for my son to get well and things will be perfect. Emily is staying with Abby for a few days so I can give Tony all of my time, I didn't know what I'd be facing so I wanted to keep her out of it." He explained.

"Lets just hope it's not too long then," Gibbs said.


	13. Chapter 13

A/N Thank you for all the reviews, Alerts and Fav's really appreciate them.

Disclaimer: Not mine...but will swap fake rights for a ticket for The Hobbit?

* * *

Chapter 13

Tony stretched and woke up, his first coherent thought was "where the heck am I?" which as it turned out he said aloud.

"You're in my spare bedroom DiNozzo." Gibbs said sitting in a chair across from the bed drinking a mug of coffee his magazine had been placed on the table.

"Okay?" Tony replied, stringing the word out while he tried desperately to remember how he had gotten to his boss' bed and hoping it had nothing to do with alcohol.

"Stay there while I get Ducky." Gibbs said and stood up

"Ducky? Why, am I hurt?" Tony sat up and looked himself over.

Gibbs stopped and looked back round at his SFA. "Tony, what day is this?" he asked tentatively

Tony grinned, "I don't have concussion, it's the 21st October." That was the one thing he knew as his head didn't hurt the same way it usually did with concussion.

Gibbs frowned and nodded, "I'm gonna get Ducky and Fornell."

* * *

A look of worry crossed Tony's face as Gibbs went downstairs, if his dad was here did that mean that Gibbs knew about their relationship and if so what had happened that he knew about it.

He got up and followed Gibbs downstairs.

"Boss, About Fornell I…" He skidded to a halt as he entered the living room, as he came face to face with the Christmas tree that Abby had decorated for Gibbs.

"What the hell!"

Fornell got up from the kitchen table and walked into the living room looking tired and haggard.

"Dad...I mean Fornell?" Tony fell over the words as his mind tried to catch up with itself. He shook his head, "What the hell is going on?"

"Sit next to your dad Tony, and we will explain everything." Gibbs said.

"Actually, Jethro I would like to check him over first." Ducky asked and grabbed his bag.

"Why?" Tony asked "And why are there Christmas decorations up, it's not even Halloween yet? Come on guys this isn't funny." He backed up towards the stairs.

"Tony. It's nearly Christmas, you've forgotten about a month and a half." Fornell said gently.

"But I would know if I… Dad….what happened to me?" Tony said

"Senior." Was all Tobias said, Tony started shaking.

"No…..you promised." Tony looked at Fornell forgetting everyone else in the room, "You promised he'd never get me…." He took a deep breath and pulled his shirt up looking at the red marks and bruises.

He backed right into the stairs and sat on them as Tobias walked past everyone and held his son. "You're safe now." He said

Tony nodded looking into his dad's eye, "Why can't I remember?" he asked shakily.

"Repressed traumatic memory, your mind had as much as it could cope with and you had a breakdown." Ducky said.

Tony shot his dad a look of horror. "Again…did…did I hurt anyone this time?" he asked quietly.

Tobias smiled reassuringly. "No son, you made here your safe space and you were alone in the basement, I checked you over there was no blood, no one stopped you."

Gibbs shot Fornell a questioning look, to which Fornell gave him an, I will explain later answer.

"Emily…she's ok?" Tony asked as Ducky knelt beside him to take his vitals. Tony jumped as if realizing that both Ducky and Gibbs were there for the first time.

"She's fine son." Fornell said.

Tony looked at Fornell, "I thought…ya know…the dad thing?"

"They know Tony, its ok." He reassured his boy.

"Boss, I know I lied…I can explain…" he trailed off as Gibbs smiled.

"Its fine Tony, we know…we're ok with it, nothing will change. Except maybe you'll spend more time here with your dad."

Ducky finished checking him over, "You need to eat and drink and rest."

"But he's been asleep for three days?" Fornell said.

"Three days?" Tony was confused again.

"You had a major breakdown, the mental and physical trauma that you suffered over the past month was too much for you, and Tobias felt that as long as you weren't in any physical danger and I was here you shouldn't go to hospital." Ducky explained.

Tony smiled weakly at his dad, "Thanks."

Tobias ushered Tony into the kitchen and put a bowl of pasta in front of him and a large glass of milk.

"Eat." He said and herded Gibbs towards the basement.

* * *

They headed downstairs and Gibbs turned to Fornell "Ok talk." He said handing Fornell a jar and filled it with a measure of bourbon.

"When Tony had his last breakdown, a boy at his school was injured."

"How?" Gibbs asked

"From what we can tell the boy was on hall patrol and he witnessed Tony in the middle of his breakdown. Tony beat him senseless. He had no idea what he was doing. He has a dark side that I've only seen twice he keeps it well hidden, there was an investigation, and the boy recovered, but we had to take Tony out of RIMA."

"Why did you send him to boarding school in the first place?" Gibbs asked.

"I was a single parent and had to go on a long term undercover assignment. I had not met Diane at that point and had no one else to watch him. My boss at the FBI recommended his placement there. After the incident I was pulled off my assignment and didn't do long term undercover again until he went to Ohio."

"Does he remember the attack on the boy or his last breakdown at all?" Gibbs asked concerned that there may be a pattern.

"No, He admitted to the attack as the evidence him was overwhelming, it was captured on video and I saw it…" Tobias wiped a hand over his face in exasperation. "God Gibbs, he was more like senior at that moment than I had ever seen. I always wondered how he turned out the way he did, given his dark side and the way he was before I found him. You know he found the tape, when he was 17. I had it with the transcripts of the incident and accidently left it in a box in the garage. He watched it and it scared the hell outta him, He threw himself into his studies and refused to talk to me for a month or even see Emily, he has lots of masks and coping mechanisms but the truth is the person he's most afraid of isn't his father…..it's himself."

"So how do we help him from here, I get Ducky can do the medical thing, but you're his father and you've been through this before. So what do we do?" Gibbs asked.

"Just wait for him to slowly recover whatever memories he can, reassure him that he is not responsible for anything and help him work through this."

"What about a therapist?" Gibbs asked.

Fornell raised an eyebrow and glared at Gibbs. "Are you kidding? DiNutso with a shrink, never happen."

Gibbs grudgingly had to agree, "He'd drive the therapist crazy. Once he started talking."

Fornell nodded. "He will be quiet for a few days though while he processes this, we should take advantage of the peace and quiet."

The both walked back upstairs chuckling to themselves.


	14. Chapter 14

A/N This will be the last posting on this before Christmas, so HAPPY HOLIDAYS GUYS!

Thank you for all your reviews and alerts and favorites I'm glad you're all enjoying this.

Disclaimer, as chapter 1 :)

* * *

Chapter 14

Gibbs walked into the kitchen and made a phone call as Tobias went over to Tony and gave him a hot chocolate.

"You still here?" he asked his son gently.

Tony nodded but he did not talk. Fornell looked over at Ducky. "How is he?"

"Our Anthony is very quiet which is most unlike him, I'm assuming he's processing all the information he's been exposed to I filled him in on what he has forgotten and what has happened whilst he's been asleep. Hopefully he will talk to us soon." Ducky said.

"I hope so too." Fornell said and walked over to the kitchen to fetch himself a coffee.

Inside his head, Tony was talking, yelling, and arguing with himself.

"What happened?" He asked a calmer version of himself.

"You screwed the pooch!" The other version said. "You allowed your father to take you and you caused all this mess."

Images of the last two weeks came back to him. Flashes of what he had been through and what he had heard.

The mental image of Tony morphed into Diane and he heard her mocking laugh.

"You shouldn't be allowed near Emily, you put her in danger." She sneered at him

"She may have been told you're her brother, but this proves to me that you're not. Tobias would be with her than you. He doesn't want you near our daughter either"

Somewhere in the back of his mind, he knew he had twisted her words but they hurt nonetheless.

Tony sat on the couch next to Ducky tears falling as it all came back to him, but he didn't make a sound as he slowly rebuilt his walls.

Ducky went to move, "I'll get Tobias." He said softly.

"Don't." Was all Tony said.

Concerned Ducky nodded although he hoped that at any moment both Gibbs and Fornell would walk back into the room.

* * *

Fornell walked up behind Gibbs as he finished his call, "Thanks Rachel, I'll see you later." He hung up.

"Rachel Cranston?" Fornell asked.

"I know what you said, she won't head-shrink him, but just having her here in an unofficial capacity may help. I invited her to dinner, she has been given the low down on what happened so she is up to speed. And Tobias it's completely off the record so there's no comeback on Tony."

Fornell smiled, "Thanks Jethro, I need to get him through this, Emily will be coming back from Abby's tomorrow. I need to get him talking before then."

"How long did it take last time?" Gibbs asked.

"Two weeks, but we didn't know what we were doing then." Tobias said he turned and rolled up his sleeves.

"What ya doing?" Gibbs asked.

"Dinner…You invite a woman to your house Jethro, you have to actually cook the food."

"I was thinking steaks." Gibbs replied.

"Good grief, no wonder you were divorced three times. Most women hate red meat, I'll cook." Fornell said grabbing ingredients from the cupboard. "I stocked it up when you decided my boy was staying with you. If I had left it to you two, it would have been cowboy steaks, Chinese and pizza. Now I'm making Tuscan Chicken stew, so help or outta my kitchen." He grinned as Gibbs made a beeline for the door grabbing a beer on the way out and moaning that Fornell was 'such a woman!'

* * *

Half an hour later Tony got up and walked toward the kitchen, he still had not said much and he had been watched by Ducky and Gibbs. He walked towards the stove and grabbed a spoon.

"Hey!" Fornell yelled at his son, "No nicking Dinner."

"Smells nice," Tony said. "Tuscan Chicken stew?" he asked.

"Yep."

"My favorite." Tony said Gibbs lent against the door watching the interplay between father and son.

It looked like Tony had pulled himself out of most of it, although when Ducky broached the subject of what happened Gibbs noticed that Tony ignored him and carried on talking about the meal.

Ducky watched the two of them as well, having been rebuffed in his one attempt to get Tony to open up and knowing who was coming for dinner, he stepped back content to watch Tony slowly calm down and relax.

For him it was informative, he had, as had everyone else seen Tony with his masks up, but this was the first time he had had the opportunity to watch Tony build a mask. It was not as Ducky had thought a simple matter of putting the problem away and ignoring it. It was covered with as many nice things as Tony could think of to be filed away until he was alone and ready to deal with it.

Tony stepped around his dad and grabbed the big pepper mill he had brought from home and as he usually did, added extra pepper to the meal.

"Hey!" Fornell said, "There's enough pepper in there."

"There's never enough pepper if Em isn't eating….Is she coming tonight?" he asked worried he had put too much in.

"Nope, she's still with Abby, she'll probably come home with Tat's and piercings" his Dad said rolling his eyes.

Tony grinned, "Yep probably, she'll get loads of boyfriends with a tattoo." He teased.

"Yeah and you'll scare 'em all off." Fornell growled.

"I've invited Kate's sister to dinner, she's in town and came over to the office to see us, but seeing as we weren't there I invited her to dinner." Gibbs said, silently invoking rule 7, well after all he **did** invite her to dinner.

Still watching Tony like a hawk Ducky notice Tony tense up slightly and quickly quell it.

"Table." Fornell said starting to look over to where he knew Jethro kept the plates.

"On it." Tony said which earned an eyebrow raise and a smirk from Gibbs.

* * *

Tony quickly set the table, moved to a chair in the corner, he watched Gibbs set the fire, and kept a surreptitious eye on the front door, his eyes flicking to the window every time a car went past.

"You ok?" Gibbs asked. "I know waking up earlier unnerved you a bit."

Tony gave a halfhearted smile. "Just a tad, I mean just think of all that Halloween candy I missed."

"You hate Halloween." Gibbs reminded him.

"Yeah, but who doesn't love candy." Tony retorted.

Finally Rachel pulled up outside.

On hearing the car door slam, Tony gripped the arms of the chair. "It's just dinner Tony." Gibbs said getting up to answer the door,

"Yeah right." Tony said under his breath, he knew why Gibbs had invited her and no matter how much he did not want it, he knew if he could pass an evaluation by Dr. Kate's sister, he would be back at work and back in his comfort zone, which in his opinion was where he needed to be, as fast as possible.

Just as Gibbs got to the door, Tony launched himself out of the chair and headed for the stairs, "Bathroom!" He said breathlessly by way of explanation as he rushed past.

Rachel stepped in with an armful of gifts for the team.

She looked at Gibbs, "Tony?" she asked at the form she saw racing around the corner at the top of the stairs.

"Yep."

"I take it he's figured out why I'm here." She said.

"Ya think?" Gibbs drawled sarcastically and closed the door.

"Do you think he'll come back downstairs?" she asked concerned.

"He will," Fornell, said, "I'm making his favorite dinner."

"Before you call him can I talk to you?" Rachel asked.

Fornell nodded and Rachel followed him into the kitchen to get information on Tony's upbringing and on what had happened in the past week.

"So you see, although he's had a few problems he's still a good kid, and he's** my** kid." Fornell said to Rachel, "So whatever Gibbs and you have in mind it had better not hurt him."

"I would never hurt Tony, Kate loved him dearly, like a sister…" She added quickly looking at the slight smirk on Fornell's face. "I'm surprised with all her profiling skills that she never found this out."

"When my boy decides to keep something private, it's usually kept that way." Fornell said.

Tony walked into the kitchen his mask firmly in place and he was all smiles. "Doctor Kate's sister hi ya!" He grinned.

"Hello Tony." Rachel said back not able to hide the answering grin that crossed her face.

"You wash up?" Fornell asked.

"Yes dad!" Tony replied exasperatedly

"I was talking to Jethro," Fornell countered smiling.

Gibbs rolled his eyes and smirked, "Yes dad!" He replied and his smile got wider as Tony laughed.

They sat down and ate, Rachel keeping an eye on the men around the table, she was astounded about how they all pulled together to keep the spirits of the youngest in their midst up.

Tony stared at his plate for about five minutes.

"Dad?" He started.

"Yes son?" Fornell answered his gut beginning to ache.

"I wanna see Diane."


	15. Chapter 15

A/N Well I hope everyone had an awesome christmas and you are all looking forward to the new year.

Thank you for all the reviews and alerts and faves. I really appreciate them.

Disclaimer, Santa didn't bring me the rights to NCIS for christmas...so it's time to get the hunting dogs out and go get him!

* * *

Chapter 15

"You want to what!" Fornell said stunned, he could not have been more surprised if his son had just told him he wanted a sex change.

"I said, I wanna see Diane," Tony said his face still impassive.

"Why in the hell would you wanna do that?" Fornell could not get his head around the request at all.

"Because she hates me." Tony replied. "If she hates me and continues to do so while she's in jail she's going to eventually become bitter and twisted."

"Eventually?" Gibbs said and looked at Fornell who nodded his agreement.

"Listen Dad, Boss… if I don't do this there's a chance she'll take out her anger on Emily, I won't have her go through what I did as a kid because her parent hates her. That is on me it is my mess I** have** to fix it. Rule 45 boss."

"It is commendable that you want to make thinks right between Diane and yourself for Emily's sake, but how she does or does not feel is not your fault." Rachel said.

Tony threw his fork on the table so hard that his plate broke "NO!" he had had enough this time he could not control his temper. For the first time Gibbs got a glimpse of the dark part, Tony tried so hard to hide.

He pushed back from the table and stepped away from the group.

"I won't be responsible for Emily** not** having two parents, she hasn't done anything wrong and she deserves both of you to love her, she's my sister I have to protect her from all this. And I won't let you stop me."

"Tonio…" Fornell said quietly as Tony backed up towards the door. Putting himself between Tony and Gibbs before the other man said anything. "I will let you see Diane, but in the morning, they won't let you see her tonight. How about I make you a hot drink, we get you settled and then we go early in the morning, I'll help you fix this if that's what you have to do."

Tony's shoulders sagged as the dark energy that had engulfed him for the moment abated. "OK." He said

Tobias got him a hot coco and helped him upstairs, emerging fifteen minutes later to a stunned group downstairs.

* * *

"What the heck was that?" Gibbs asked.

"That, the anger, blame, temper part was the Tony that is hardest for him to control, the part of him that is just like seniors. If it isn't dealt with quickly it can get out of control and he only loses control when he isn't himself." Fornell told them.

"Does that happen a lot?" Rachel asked.

"No only a few times, first time was after his first breakdown, it was just me and Tony and it took a month plus 24 hour therapist to bring him back to me."

"Can I ask why you called Anthony, Tonio…it's not a name I have ever heard used with him before?" Ducky asked.

"One of his therapists an Italian woman called him it, it instantly calmed him, he told her later his mother called him Tonio. I only use it when he has these episodes, and only twice before this since he joined NCIS."

"Twice?" Ducky prompted.

"First time was when Caitlin Todd died, he came home to my house and destroyed nearly everything he owned before I got to him, and the second Time was when Jethro went to Mexico. In both cases, he felt abandoned and thought he should have been the one to die or be hurt. With Kate I found him almost on the verge of suicide blaming himself, for not standing in the way of the bullet and protecting her and with you…" Fornell looked straight at Jethro, "He felt that the team would have been best served if he had been hurt by that bomb as he felt the team let him down and didn't need him but they did need you…he was mad at himself for not having your six."

"But no one could have known about that bomb and Tony's taller than me, it would have killed him!" Gibbs said, "He never said anything."

"He won't…ever…but he is a very emotional man, however, he learnt at a young age that emotions were not allowed. It is something I never have been able to break him of."

"Oh my God, That's awful." Rachel said "No wonder he's having all this trouble now."

"Maybe next time Jethro calls you over to psychoanalyze my boy, maybe you should do a basic medical background check," Fornell snapped, he ran his hand over his face, "Look I'm sorry I'm tired and I think I'm gonna crash with Tony, so we can go and see Diane first thing." He said, Gibbs nodded and watched as Fornell walked up the stairs.

"I think I will take my leave as well." Ducky said, "Call me anytime if I'm needed."

"Thanks Duck." Gibbs said and watched him leave. He turned to Rachel and offered her a coffee.

"Sorry, I didn't expect it to go like that. I had hoped you'd have some insights on Tony's mental state from the dinner and I really hoped he would talk to you." Gibbs admitted.

Rachel smiled and for a moment, she looked a lot like Kate, "But he did… I have seen the part of Tony that he keeps the most hidden, the thing he guards more fiercely than anything else. His family. You may have noticed that in spite all Diane put him through he still wants to build bridges, not for himself but for Emily to make things easier for her."

"He loves his sister." Gibbs said simply.

"No it's more than that, His family now is everything to him, with the dark side he displayed today I would pity anyone who caused harm to either Emily or Fornell, My biggest worry is how far he would go to protect them. As fiercely as he protects them, he feels his life is not worth anywhere near as much and I worry about his destructive tendencies not that he would hurt anyone else but that he will allow himself to be hurt to protect them." Rachel said.

* * *

Tony woke first and looked around the room; he saw his dad asleep in a chair with his feet propped up on the end of his bed. He grinned and turned over and grabbed his cell phone.

He snuck to the bathroom got sorted and dressed and then sat calmly on the bed waiting for the alarm on his phone to ring. At one minute to six, he gently propped the phone on his dad's shoulder.

At exactly 06.00 his alarm went off reveille played at full volume on his cell phone, the bugle alarm making Fornell jump about six feet in the air, "What the hell was that!" he all but screamed.

"Early morning alarm call." He sniggered. "Still wake up to that always have since RIMA"

"Bloody alarm almost gave me a bloody heart attack," Tobias wheezed holding his chest with a slight smirk on his face.

"Well come on….gotta go see the ice queen!" Tony smiled.

"You still wanna do this?" Tobias was worried for his son.

"Safest time to do it when she's already behind bars." Tony said putting his shoes on and grabbing his bag.

"Gear up dad." He called behind him as he left the room.

"Gear up! God I will be calling Jethro 'Boss' next!" He exclaimed rolling his eyes and following his son.

"Coffee….Now!" Fornell grumbled as he walked in the kitchen he sat down and Tony put a cup already poured in front of him.

"Morning Tobias." Gibbs said drinking what was probably his third cup of the morning.

"Ooh do I smell coffee?" Rachel said as she walked in the kitchen.

Tony stifled a snigger, "Have a sleepover Boss?" He asked.

"Didn't sleep DiNozzo." Gibbs growled.

Tobias spat his coffee out and laughed, "I bet you didn't!"

"She took my room I worked on the boat." Gibbs said.

This caused an even bigger laugh from Fornell, "God! Now I know where Tony gets it from!" Gibbs moaned, "It's too early for this"

"So what time do we leave?" Gibbs asked desperate for a change of subject.

"Leave? You're all coming with me?" Tony asked confused.

Tobias smiled, "Don't think we'd let you face the ice queen on your own do you?"

Tony took a deep breath; he had hoped to do this alone. "Fine, I'm not arguing with you, but I want some time alone with her."

"Can't promise that son, but we will try." Fornell said.

* * *

They entered a room and Diane was brought in by a guard, sat down on a chair by a large table and gave both Gibbs and Fornell her customary sneer.

"So what now, I've been sentence to 18 months, have you too come to gloat." She snapped.

"No Diane, Tony wanted to see you." Tobias said, "But before I let him in here, I warn you I won't allow you to be abusive to him."

"Why would I want to talk to that?" Diane snapped.

"Emily." Tony said quietly, the others jumped, as they had not heard him enter.

"What about her?" Diane asked fear in her voice.

"I want you to keep in contact with her, I want you to not tell her that it is my fault your in here." Tony said.

"But it is!" Diane snapped her patience wearing thin.

Tony nodded, "I don't doubt it." He agreed putting his hand on his dad's shoulder as he tried to object.

"However, Emily loves me and I love her, I don't want her thinking you hate me and I don't want her to hate you for any of this. She is too perfect a child to be corrupted by hate." Tony said. "If you feel the need to write hate letters just write them to me, I know if my father hadn't….done what he did….you wouldn't have gotten involved and you wouldn't be here now. For that, I am sorry and I am responsible for my father's action concerning Emily. But all I ask for is that you don't lose touch with your daughter or make her feel responsible for any of this."

Diane stared at him.

Tony figured he had said all he needed to so he got up to leave.

"Tony?" Diane said quietly, "Thank you."

Tony looked back at her, "I'm sorry." He said and walked out of the room.

Gibbs and Fornell looked at each other shocked off all the things they had expected Tony talking to Diane and her saying thank you was not one of them.

They got up to leave; Diane put her hand on Fornell's arm. "Tobias, tell him, I'm sorry too, this situation got too much out of control. I do not blame him and thank him for looking out for Emily. And Tobias….you did a good job raising your son." She said as the guard led her away.

"Did that just happen?" Gibbs asked.

"I think so… Lets go and find my boy." Fornell said

"He'll be ok Tobias; Rachel was waiting outside to talk to him as soon as he left."


	16. Chapter 16

A/N well hello and welcome to 2013! congratulate yourselves you all survived the end of the world...unless your a Mayan!

Thank you for all the follows and reviews for this story.

Disclaimer, I don't own it...but my new years revolution (Word nicked from Ziva!) is to manage to get away with the rights without getting caught! :)

* * *

Chapter 16

Rachel stood outside the door as Tony walked out.

"That was very magnanimous of you Tony." She said.

"What was?" Tony asked confused.

"Allowing Diane a way to vent her frustrations and still keep her relationship with Emily intact." Rachel said motioning Tony to sit on a nearby bench.

"There was nothing behind it, just that I thought it would be best for Emily. She is coming home today and dad has not told her about Diane yet, she needs to know her mom loves her as well as her dad… Kids should know they are loved and never have to doubt it." He said with absolute certainty.

"Unlike you." Rachel added quietly.

"This isn't about me! I accepted Senior would be Senior when I was five. He was never going to change and he never did. I was just supremely lucky that Fornell was the man who found me and cared enough to look for me after I ran away. I will never be able to repay him for making me into the man I am today and for putting up with me."

"He loves you." Rachel said flatly.

"Yeah," Tony laughed, but Rachel could hear the bitterness inside it, "Never figured out why, but I'm not going to knock it while it lasts."

Tony stood up and turned to Rachel, "Coffee?" He asked and not waiting for an answer strode off as Gibbs and Fornell walked around the corner.

* * *

"How is he?" Gibbs asked.

"He's still closed off, He insists he is doing this for Emily, I am concerned when it comes to his feelings for you Fornell,"

"Me! Why?" Tobias asked shocked.

"He seems to feel that your love is conditional and he's waiting for it all to go wrong," Rachel said seriously.

Tobias grinned, "Let me guess, he said he wasn't going to knock it while it lasts."

"Yes, how can you be smiling about this?" Rachel asked confused.

"He went this way?" Tobias asked. Rachel nodded and he beckoned for her and Gibbs to follow him. They left the building to find Tony head in his hands shuddering sitting on a bench, for a second both Gibbs and Rachel thought he was crying and were shocked as Tobias walked up behind him and head-slapped him.

Tony's head shot up his eyes bright and a huge grin on his face, he was laughing.

"I'm sorry dad, I couldn't resist it…..it was so easy!" he spluttered laughing so hard he was holding his sides.

"You played me!" Rachel said shocked.

"Rule 7," Tony giggled.

"Always be specific when you lie?" Gibbs said

"The bit about Senior is true, but you both wanted so badly to 'fix' me, I couldn't resist," He coughed as he tried to stop laughing, "I'm sorry Dr. Kate's sister. But one thing I will never doubt is the fact my dad loves me and Emily, yes I did go a bit off the rails when senior hurt me, but I know dad would move heaven and earth to keep Emily and I safe."

Everyone was smiling by now and Tony relaxed. He was happy.

* * *

They headed home and as they entered Fornell's house Tony was barreled over by a nine-year-old blur.

"Tony. Tony. Tony…You're home!" Emily yelled as she launched herself into his arms.

"Hey squirt!" Tony hugged her and put her down.

"I'm living with dad now! So, I get to see you all the time. And I stayed with Abby last night and we got henna tattoos and we stayed up and ate ice cream and we….."

"Breathe kid!" Tony laughed, "I get it you had a great time." He turned to Abby, "Was she like this all the time she was with you?" he asked.

"Like what?" Abby asked confused and both Gibbs and Fornell laughed.

Tony put Emily down and she hung onto his leg.

"You two look so cute together," Abby said grinning.

Both Tony and Emily turned to Abby and stuck out their tongues, Gibbs Fornell and Rachel all laughed. "Come on Tony help me unpack." Emily said dragging him to her room.

Fornell made coffee as Abby filled him in on their weekend,

"Tattoo's Abby?" He asked.

She smiled "Don't worry they are transfers, I got her twelve packets so she can change them."

Tobias smiled, "Thanks for having her, I needed to get Tony back into his head-space and settled again, he's going to stay here for a week before he goes home." He told her and the others who had entered the kitchen.

"Thanks," Gibbs said as he took his coffee and sat on a stool at the breakfast bar.

"Tony has a room here?" Rachel asked.

"Of course…" Fornell looked confused, "Oh you don't have kids?" He asked.

"No I was never blessed." She replied somewhat sadly.

"But you still have you're room at your parents house?" He asked.

"Yes…Sorry I didn't think of course you'd have kept Tony's room, I just thought maybe you would have packed it up and turned it into something else now he was grown up and had his own apartment."

"No Tony is here most weekends and when he needs to get his head straight, This was is first home, I would never move or take it away from him." Tobias said

Rachel smiled, "He is lucky to have you for a father."

Tobias shook his head, "Nope, but I am Damn lucky to have him as a son."

* * *

A month later Tony was, back at work and all had returned to as normal as it could get in the MCRT.

Tony was leaning back in his chair pinging elastic bands at Tim and Ziva was laughing at the pair of them.

"Tony, Tim needs to complete his work you know?" Ziva said.

Tony stopped what he was doing as his attention was drawn to the elevator as Tobias and Sacks came out.

Gibbs looked up at the sudden change in his SFA.

"Da….Tobias?" Tony said "Everything ok."

Fornell looked at his son and instantly Tony's gut clenched.

"Is Emily ok?" He asked. Tobias nodded. "Yeah, I need a moment with you and Jethro." He said.

Ron sacks stood there impassively.

Tim and Ziva looked confused.

"Conference room," Gibbs barked and all three headed to the elevator.

Ziva gasped as she looked at the TV behind Tony's desk and the caption scrolling along the screen, Mob hit man Anthony DiNozzo Senior shot dead after escaping from USP Lee in Jonesville.

"Wow do you think Tony knows?" Tim asked.

"Sure, but that'll be the least of his worries." Ron sneered.

"What do you mean?" Ziva asked.

* * *

Ron looked up as Tony stormed out of the elevator.

"I don't care!" Tony yelled behind him as he went to pick up his bag,

"DiNozzo!" Gibbs called.

"Tony, you should have told me! I could have been prepared when they told me." Fornell said obviously angry.

"What and have you stop me!" Tony whirled on his father so angry he never noticed not only his team but also most of the floor watching him. "He's my father and I wanted to see him and just in case it escaped your notice 'dad' I'm an adult and can take care of myself…I needed to do this!" Ziva flinched as her partner pushed past her; she had never seen the look of absolute anger on the face of the partner who only usually showed humor in his demeanor

"And now we have to take you in for questioning as you were his last visitor." Fornell shot back

"You think I helped him escape?" Tony stopped and looked at his father incredulously.

"I do!" Ron said and immediately went silent as the whole team plus his boss glared at him.

Tony whirled, dropped his bag, grabbed Sacks by the throat and slammed him up against the wall "Wanna die Ron?" he asked his green eye rapidly darkening as he tuned everything out.

"TONY!" Gibbs, Ziva and Tim yelled at him.

Ron was starting to sweat as he struggled for air. "DiNozzo!" he squeaked.

Fornell placed his hand on Tony's shoulder, "Tonio. Stop. He didn't mean it let him go." He said quietly.

Tony blinked and looked at his dad and then at Sacks.

"Not again!" he said and walked off towards the stairs.

* * *

"I want him arrested he attacked me!" Ron said rubbing his throat.

"You provoked him!" Ziva spat squaring up to the FBI agent.

"Jethro? Where would he go here?" Fornell asked.

"Either, Autopsy, the gym or the roof." Gibbs guessed.

"Watch him." Fornell said to Tim and Ziva whilst pointing at Sacks as he and Gibbs headed off in search of Tony.

Fornell and Gibbs bypassed the elevator and headed for the stairs.

"Roof?" Gibbs asked.

"Yep." Fornell said and they both headed up there.

As they walked out onto the roof Fornell grabbed Gibbs' arm in panic, Tony was sitting on the ledge his legs dangling over the edge.

"Tonio?" Fornell said softly so as not to scare his son.

"I didn't kill him; I just needed to ask him…." Tony stopped and looked up at his dad confused by the scared look on his face.

"God! Dad! Just how screwed up do you both think I am, I'm not going to jump!" Tony exclaimed surprised at the way both Gibbs and Fornell had stood back. "I just needed some fresh air to think." Tony stood up and turned to his boss and father, from moisture on his face it was evident that he had been crying for a few minutes and had stopped himself.

"Dad is it wrong that I'm sad he's died?" Tony asked.

Fornell hugged his son whilst giving Gibbs the, I think he may be nuts look.

"No, he was your biological father, losing a parent no matter how he behaved is still a shock." Fornell said, "But you do have to come with me to answer your visiting of Senior at prison"

"What about slacks?"

"You reacted to an unfortunate comment from him while distraught over the announcement of your fathers' death; no one on the floor saw anything." Gibbs replied.

"I'll go." Tony said as Fornell pulled him gently away from the ledge.

All three of them arrived in the bullpen to see Vance talking to Sacks.

"Agent DiNozzo? Agent Sacks just accused you of physically attacking him, did you?" Vance asked looking from him to Gibbs.

"No he didn't." Gibbs said

"YES HE DID!" Sacks yelled.

Gibbs climbed on a desk a whistled and the floor was silent, "Did anyone on this floor witness Agent DiNozzo attacking FBI Special Agent Sacks?" he called asking with a glare.

Everyone shook his or her heads. Gibbs gave a curt nod.

"Seems to me Leon, Agent Sacks may have made a mistake seeing as Agent DiNozzo was just informed his father had passed away." Gibbs said standing next to his agent.

"My condolences Agent DiNozzo." Leon said catching the look Gibbs threw his way.

"He needs to be questioned; he was DiNozzo Senior's last visitor." Sacks said.

"I'm sure Agent's Fornell and Gibbs can question him effectively."

"Actually Director, I can't not on this, I was wondering if you wouldn't mind?" Fornell asked.

"And why can't you interview him?" Leon asked

"He's my son; I adopted him when he was twelve." Fornell replied with a small smirk at the open-mouthed expression on Sack's face.

"Very well, Agent DiNozzo if you will accompany myself and Agent Gibbs to interrogation we will get this small matter sorted out and then we can get back to work."

"It's an FBI case; at least one FBI Agent should be there!" Sacks moaned.

"By all means please accompany us." Vance smirked and they all headed to interrogation.


	17. Chapter 17

A/N Thank you to all of you who have read and reviewed and those who have added my to your alerts.

This is a shorter chapter but it seemed like a good place to stop and I have been busy fighting with the PTB trying to get my kid into university.

Anyhow please enjoy :)

Disclaimer...Now do you think if it were mine I'd live here...she says looking around her hobbit hole :)

* * *

Chapter 17

Tony sat back in the chair and looked at the three men across the table from him.

The Director and Gibbs sat at the table whilst Sacks was given a chair in the corner from which to watch the proceedings.

"So according to the FBI file, you were the last and only person to see Anthony DiNozzo Senior, before he decided to try and escape." Leon started.

Tony shifted in his seat, "I just talked to him." Tony said.

In the observation room, Fornell looked worried.

"What about Tony?" Gibbs asked.

"I…I don't remember, just normal stuff I wanted to make sure he was alright?" Tony phrased the statement as a question.

"We have footage." Sacks said smugly. "Whatever you said to Senior drove him right off the deep end."

Gibbs turned and looked through the glass hoping Fornell was there.

He stood up and walked to the observation room door, "You knew?" He asked his friend.

Fornell nodded "I was hoping Sacks wouldn't bring it up." He said wryly

"You got it here?" Gibbs asked.

"Yeah," Fornell said.

Gibbs grabbed the disc and stuck his head in the other room, "I think we need to move this to a conference room." He told Leon.

"My office that way we can still record what happens." Leon said.

They relocated to his office, Tony walking between them as they exited the elevator on the mezzanine heading to Vance's office. Ziva, Tim and Abby looked up as they past and looked worried as the look of guilt on Tony's face increased with each step.

"What do you think is going on?" Ziva asked.

"Don't know." Tim said he held Abby as she hugged him worried for her friend.

As they sat down Fornell put the disc in, "Sorry son, this is the reason the FBI wanted us to question you. You were responsible for Senior getting hold of the weapon he used in his escape."

"I DIDN'T!" Tony yelled pushing back from the table.

"You think, watch." Sacks said with a smirk.

* * *

The disc started with Tony walking into the room as Senior was led to a table with two chairs. Guards stood at the edge of the room.

"So you finally came." Senior said

"Just to stop you from calling and writing to me." Tony snapped. "At work was fine, how in the hell did you get my dad's address?"

"I still have friends Junior." Senior sneered.

"You will leave us alone, I've had it…" Tony gave senior a look so dark that everyone watching the disc turned and looked at Tony in surprise. None of them were looking at the disc as Tony's voice continued, "I'm a lot like you father. I learned a lot from you and you continue and I **will **kill you." He voice was low and menacing.

Tony just stared at the floor his hand absentmindedly rubbing his cheek as a smack sounded on the disc.

Senior had launched himself at Tony and hit him in the face. As Tony fell to the floor senior noticed Tony was still wearing his ankle holster, quickly and unseen he pulled the gun and tucked it into his coveralls as the guards pulled him off.

Tony stood in the room wiping the blood off his face, "I will find you first Junior, just because I let that little girl live last time, don't think I'll be so lenient next time!" He shouted.

Tony struggled with the other two guards who were holding him back.

"I think you need to leave sir." One of the guards said.

Tony had turned on his heel and left.

Turning back to Tony who was still staring at his hands. "I didn't know….did he…did he kill anyone?" he asked.

"A guard and wounded another." Sacks said, "We want to know if you knew he had your weapon and why didn't you report it missing?"

"I…I just didn't." Tony said, "I didn't realize until this morning it was missing and I hadn't gotten around to reporting it yet, kinda hoped he might shoot himself." He finished quietly and then to his horror realized that he had said the last part aloud.

"But honestly Director, the last thing I wanted was for him to escape let alone hurt anyone else." Tony said contrite.

"I can see this was a mistake." Leon started.

"Are you all insane?" Sacks yelled, "Didn't you see he's as cold hearted and evil as his father."

"You wanna rephrase that?" Fornell snarled standing between his subordinate and his son.

"You all are gonna let him go, how many times does he have to be charged before you all see the kind of man he is." Sacks continued.

Gibbs stood with Fornell effectively blocking Tony from Sack's view.

* * *

"You will leave now and I will call your Director." Leon said

Sacks looked at Fornell, "You coming?" He growled.

"Nope." Fornell said with a slight smirk.

"But you're my ride back to the office." Sacks looked incredulous

"Take the bus Slacks." Fornell said. He broke into a grin as Sacks slammed the door on his way out.

"You're going to get into trouble for that dad." Tony said with a barely disguised grin.

"You're worth it, besides he was told not to show that but left me no choice." Fornell grumbled.

"You need to fill in the paperwork regarding your missing back up weapon." Leon said and handed Tony a stack of paperwork.

"Great," Tony said heading for the door. Gibbs and Fornell turned to follow him.

"Agent Fornell?" Leon said. "You know if the FBI ever dispense with your services you'd be welcome here."

"What and slum it with Jethro, Director I don't think the building could cope with the two of us on a full-time basis." Fornell replied and left.

"Yep I think you're right." Leon said to an empty room.


	18. Chapter 18

A/N Two days of writers block was killing me...but Today this one begged to be written next so i'm sorry if it's out of posting order but I hope you enjoy. Thank you for all your reviews I love em. :)

Disclaimer...Shh!

* * *

Chapter 18

Sam Johnson, Director of the FBI sat in his office with a huge grin on his face. He had just put his phone down after talking to Leon Vance and had been told of the events that had transpired in his office a few moments ago.

He could not help it and just started laughing aloud. He looked through the huge window that made up one wall of his office and managed to stop for a second as he realized that all his subordinates had stopped and were looking in the direction of his office and then he just started laughing again.

His secretary tentatively knocked on his door, "Director Johnson are you all right sir?" She asked.

Sam grinned, "It's going to be an interesting afternoon Lynne, have Agents Fornell and Slacks…er I mean Sacks report to my office when they get back."

Lynne grinned at the slip up, "Yes Sir." She said and walked back to her desk.

Fornell and Tony turned up first, "Sit. You're going to write that report here so that we don't have anymore misunderstandings." Tobias said to his son placing a coffee in front of him, "Drink this too."

He sat at his desk and his phone rang.

"Fornell…Ok Lynne tell him I'm coming." He said and stood up, "I'm off to a meeting I won't be long."

Tony nodded and went back to the pile of paperwork he had been given.

Fornell knocked on the Director's door. "Sam?" he said and sat down.

"I wish I had been there." Sam said still smiling at his friend.

"Vance called you then?" Tobias said.

"Yeah, you went? You know that's against protocol." Sam admonished.

"It's Tony, Sam of course I'd be the one to go." Tobias said, "He's at my desk filling out the incident report and missing firearms paperwork now. He'll write a formal statement while he's here."

"And Ron?" Sam asked

"Left him to walk back," Tobias said non-committally.

"I think he may have caught a cab." Sam said gesturing to the very irate looking agent who was storming towards his office. "Head's up." Sam said quietly.

* * *

"Director Johnson, you wanted to see me." Ron said entering the room and glaring at Fornell.

"Yes about the little matter at NCIS, I'm not happy when I have to explain the action of my agent to the Director of NCIS." He said looking at Ron.

"DiNozzo is guilty and they are letting him get away with it." Ron bleated.

"Does that look like the actions of a guilty man?" Sam yelled pointing at Tony who was still sitting at Fornell's desk writing out his paperwork.

"I still think he's guilty. He took a hidden gun into a prison!" Sack reiterated.

"And he's explaining that right now, with all he's been through with Senior it was no wonder he forgot to declare it as he walked in the prison." Fornell argued.

"You heard him say yourself he wanted his father dead and he attacked me at NCIS!" Sacks yelled.

"You think he wanted that guard to die!" Fornell yelled back.

"HOLD IT!" Sam bellowed and the whole of the office went silent and even Tony looked up. "You mean to tell me Tony attacked you?"

"Yes!"

"NO!" they both said

"TONY!" Sam yelled and watched as Tony got up and run into the office.

"Yea?" He said.

"Did you attack my agent?" Sam asked him.

"Erm…..well….I….it was an accident?" Tony said sheepishly.

"Flashback?" Sam asked.

"Kinda yeah." Tony admitted.

"So you gonna arrest him for attacking a federal agent?" Sacks asked.

"Nope. The kid was just told his father died and Tony doesn't attack anyone without provocation, so what did you do?" Sam asked Sacks.

"Nothing!" Sacks replied outraged.

"Yeah right!" Fornell snapped, "He accused Tony of aiding and abetting his father's escape."

"Agent Sacks, Nowhere on the tape did NCIS Agent DiNozzo look like he was helping his father escape." Sam said shocked. "Where did you come up with that idea?"

"He walked in there with a loaded gun!" Sacks implored.

"So would I!" Fornell said, "Senior was a psycho!"

"It was an accident!" Tony said, "I handed over my service weapon and forgot about my backup."

"Sure, you said you wanted him dead!" Sacks pushed.

"We've gone over this already." Fornell snarled, "Now enough, Tony's explained to his Director's satisfaction he's here voluntarily filling in paperwork for us about this, GET OFF HIS CASE!" Fornell yelled right in Sacks' face.

Ron took a step back.

"Agent Sacks, you are hereby suspended for a week without pay for your conduct at the NCIS offices. Dismissed." Sam said and watched as Ron shuffled out. Tony opened the door behind him and lingered for a bit.

"You too Tony skedaddle," Sam smiled.

"Yessir uncle Sam." Tony said.

Ron turned his face surprised, "You're related to him too!" Ron snarled, "This is a conspiracy is there anyone on this floor you're not related too?" He asked incredulously.

"Just you Slacks." Matt the mail guy said as he walked past pushing his cart, "Afternoon Tony." He said with a smile.

Tony grinned and winked, "Cousin Matt." He said and his smile widened as Ron stormed off.

* * *

Matt and Ron ended up in the same elevator together on the ride down.

Matt stopped the car and turned to Ron, "You don't get it do you." He said curtly.

"What?" Ron snapped. "That you're all inbred."

"No, Tony DiNozzo is a good guy, he's helped everyone out here at one time or another, he's never put himself above others, Hell he's a Senior Field Agent yet he came in for a week and covered my mailroom shift on his holidays when I had my appendix out. It didn't matter that my job is the lowest of the low; he just saw I needed help and he helped. Maybe Ron you should try being a bit more like him. Although if there were more guys like him we wouldn't need the FBI. Tobias raised a great kid someone to be proud of." Matt switched the car back on again and stepped out as the doors opened, "Bet ya wish your folks could say the same." He said as the door closed leaving Sacks standing there open mouthed.


	19. Chapter 19

A/N Hey long time no see! only kidding. Now thanks for the reviews on the last chapter and for the following. This is the last but one chapter and I will be finishing this story, I have six on the go but have vowed no more until these are finished as I hate unfinished stories as much as you guys do.

I have all my current stories on a rotating base on my desk, so they will each be updated one chapter at a time.

This is a bit shorter than usual but it's a good place to end it. :)

Disclaimer...Not mine...but planning on doing something about it...maybe...one day. (Oh I can dream!)

*Gets headslapped by Gibbs* "I'm still working on it Boss!"

* * *

Chapter 19

Tony was back at work and stuck on desk duty until the I.A investigation was concluded.

It had been a month and he was driving everyone crazy both at work and during the evenings at home, Tobias had insisted, while the IA investigations take place that to make sure nothing else could be pinned on his boy that Tony stayed with him and Emily.

For Tony the feeling of being cooped up was driving him stir crazy.

He set practical jokes in the bullpen, twice McGee had found himself glued to his keyboard and he'd even gone so far as to swap Gibbs' coffee for Tea. Although much to Tony's surprise Gibbs had drunk the tea, he had put the cup down and glared at Tony.

"DiNozzo!" he jerked his head in the direction of the elevator.

Tony jumped up and stalked towards the elevator leaving the other two agents to wonder what he had done. As the doors to the elevator closed, Ziva picked up Gibbs' cup from the trash and lifted the lid.

"It's tea!" she said surprised.

"Oh My God… He's a dead man!" McGee breathed, and immediately called Abby to tell her what had happened.

Abby came up the back staircase and leant against Tony's desk as the doors opened again.

Tony stalked out, grabbed his bag and walked back out of the building.

Abby looked at Tim and Ziva, all three were in shock.

"Gibbs, did you just fire Tony?" Ziva asked.

"Go home, we have no case and we're off rotation, I'll see you on Monday." He said.

Abby looked distraught.

"Gibbs?" she asked,

"No Abby, I didn't fire him, although he might wish I had by Monday," He replied cryptically as he walked out leaving the others to wonder just what had gone on.

* * *

Gibbs had had met Tobias that morning for coffee before work.

"I swear this IA investigation is driving me crazy!" He said

Gibbs raised an eyebrow but said nothing.

"Tony is driving me crazier than Diane ever did."

"Really Tobias, he's not that bad."

"You think, you see the color of my shirt….It's pink, he washed my shirts and dyed them pink! He's bored, his ADHD is driving me nuts, he repainted Emily's room green…She hates green and the two of them spent all weekend yelling at each other, and to make up for it he got her a dog! A flippin' 'pink' poodle I told him off and he not only dyed my shirts pink but my underwear too!" Tobias quickly lowered his voice as Gibbs tried hard not to spit out his coffee laughing.

Tobias looked at his friend, "I know he wants to go home, but Sacks is still out to get him. I need to keep him safe,"

"He's a grown man and a federal agent." Gibbs said

"He's my son, his house was staked out by reporters after Sacks let it slip that an agent's father was shot and killed in prison, Sam's put Sacks on disciplinary leave, and I wish I knew why the man had it in for Tony."

"I haven't got a clue, but Tony can stay with me the weekend, I had a load of chores needed doing so I have enough to keep him busy, I even have a room to paint and laundry to do."

"Hide anything red!" Fornell said over his shoulder as he walked off.

* * *

Already prepared for Tony's mood Gibbs had carefully sipped his coffee. Hiding a smile as he realized Tony was so bored he had even messed with him he called him out on it and pulled the emergency switch on the elevator.

"So?" He said waiting

Tony shifted his weight from one foot to the other "I wanna get back out in the field, go home, go to a bar, Aww heck Boss I feel like I'm on house arrest!" he exclaimed.

"I know DiNozzo, Go to your fathers and pack a bag. You're spending the weekend with me, I'll cook steaks you can grab the beers Fornell already knows about it, you're helping me all weekend, I have chores I need a hand with."

The initial look of joy was replaced by a pout, "Really?" Tony said.

Gibbs flipped the switch, "Grab yer gear DiNozzo, you have an hour and I expect to see you at my house. Gonna work off this mood before you stick McGee to his desk."

Tony gave a sly grin, "That's not a bad idea boss." He smirked.

Just before the doors opened Gibbs headslapped, him "An hour DiNozzo," He said and Tony stalked back to his desk.

Gibbs knew after Tony left he could have told them what he had planned with his SFA, but he knew that would have meant losing the trust he had rebuilt with him.

Exactly an hour after he had stormed out of the bullpen, he turned up beer in one hand and bag in the other at Gibbs' front door.

Gibbs opened it and let him in.

"Steaks on, medium right?" he asked

"Still hasn't changed." Tony said.

"Ok stow your gear in my spare room, and get back down here….And then you can tell me all about your new obsession with the color pink!" He called up after his SFA.


	20. Chapter 20

A/N *sniff sniff* it's finished :( I'm not sure about you guys but i really liked this one and am sad to see it go. Thank you again for all your reviews and favorites and follows. Not going to promise a sequel, but I may in the future dip into this universe again.

Disclaimer, I don't own it, but one day it will be mine... Mawhahahaha!

* * *

Chapter 20

After a weekend, where even Tony had had to admit, he had had fun, He had returned to work in a much better frame of mind.

He had helped Gibbs redecorate his spare room, although he had told Tony if he painted the room pink he would have to sleep in it and have his photo taken wearing a pink tutu.

Tony had paled as Gibbs delivered the threat deadpan style.

Consequently, the room was a tasteful shade of pale blue.

They had worked on Gibbs' latest woodworking project and fixed a loose step at the front of the house. All finished off with a surprise trip to the local movie theater, as a thank you for all of Tony's hard work.

"Morning Tim, Ziva." Tony said walking in, handing them a drink each a coffee for Tim and a tea for Ziva and dropping his bag behind the desk closely followed by Gibbs. "Morning Boss." He grinned as Gibbs walked past him.

Gibbs looked at the coffee on his desk.

"Yours?" He asked.

"Nope yours." Tony said innocently, he took a swig of his own coffee as Gibbs took a swig of his and promptly walked over to his SFA's desk and swapped coffee.

"Thanks Boss." Tony said taking a big gulp of the right coffee to get the taste out of his mouth.

They got down to working on cold cases, Gibbs having taken the team off active rotation until the results of Tony's IA investigation.

When he had informed the team he was pleased that not one of them complained, Tim even said it was only fair if Tony could not go out into the field then they should not either after all they were a team.

The smile that Tony had tried and failed to hide was worth it and he even let them have an hour lunch break.

* * *

The three-team members walked back into the squad room after lunch laughing at something that Ziva had said and stopped as Tony pulled up to a halt.

"Dad?" he said as he saw Fornell standing beside Gibbs' desk.

"Hey kiddo, have a nice lunch?" Tobias asked.

Tony nodded and looked around, "Where's Slacks?" he asked worried.

"Filling in forms at the unemployment office. I assume." Fornell grinned.

"Did he get a pink petticoat?" Ziva asked.

Tony and Tim laughed, "It's a pink slip Ziva." Tony said laughing so hard he had to wipe a tear away, "I'm sorry, I just had a vision of Slacks in a pink petticoat." He giggled.

Fornell rolled his eyes "I thought you got him out of his pink obsession?" He said jokingly glaring at Gibbs.

"So Sacks got fired?" Tim asked

Fornell nodded, "Breaking confidentiality is not encouraged in the FBI, I know you guys are a bit lax on these things but my director is tough, besides the fact he hurt his favorite Nephew." He grinned.

Tony smiled "See I have friends in high places."

Tim rolled his eyes and sat at his desk.

* * *

"So, Dad. Is that why you came here?" Tony asked.

Fornell smiled.

"Nope"

Tony waited and got worried as both men turned smiling at him.

"What did I do?" He exclaimed.

"DiNozzo, we just got the results of the IA investigation." Gibbs told him.

Tony sat heavily in his chair, "So I'm fired then?" he said and reached for the box he had placed behind his chair the day the investigation was announced.

"Nope." Gibbs said.

"With all the circumstances that you had been through with DiNozzo senior, it was accepted that you didn't mean to bring the gun in with you and that it was purely a lapse in judgment and you didn't mean for anyone to be harmed. With Senior dead they know there is no chance of it happening again so you're cleared."

A curious look crossed Tony's face before Tim and Ziva congratulating him removed him from Gibbs' view.

"Boss, I should let Abby know, you know how worried she's been." Tony said as Fornell clasped his son on the shoulder and left.

"I'll come with you." Gibbs said and they walked towards the elevator together.

The doors shut and Gibbs waited a moment and was surprised when Tony reached over and stopped the elevator from moving.

"DiNozzo?" Gibbs said and waited.

Tony stepped back giving himself as much space as the car allowed.

"Boss, I should have been charged." Tony said intently studying his feet.

Gibbs leant back against the elevator's wall. "Go on." He said waiting.

"I did mean to take the gun into the prison, I 'forgot' on purpose." He admitted.

Gibbs said nothing.

"I wanted to kill him, it was primarily why I went there, he had been taunting me, I couldn't take anymore he was threatening Emily." Tony said panicking.

"Did you pull the gun on him?" Gibbs asked.

"No, but?" Tony started

"Did you shoot him or the guard?" Gibbs asked

Again, Tony answered in the negative.

"DiNozzo, if I was arrested every time I wanted to kill my ex-wives….especially Diane….I would be inside for life, the fact is you can't be arrested or tried for something you thought of doing. IA were right, it was purely a lapse in judgment." He started the car up again, "Now go spend some time with Abby and give her the good news." He told his SFA.

Tony smiled a rare full on genuine smile, "Thanks Boss," He said.

The elevator opened and they both stepped out.

Gibbs leant against the wall as he heard the music go down, Tony talk and then Abby squealing in delight.

He smiled.

His team was fixed and for now all was well.


End file.
